The main legal point established in the judgment is the need to ensure gender equality and non-discrimination in promotion opportunities, as guaranteed by Articles 14, 15, and 16 of the Indian Constitution.

JUDGMENT :

A. R. Masoodi, J.

1. Heard Sri S. K. Kalia, learned Senior Advocate assisted by Mr. Birendra Singh, learned counsel for the petitioners in Writ-A No. 31192 of 2017, Sri Onkar Singh, learned counsel for the petitioners appearing in Writ-A No. 21232 of 2021, Sri Sharad Pathak, learned counsel for the appellant in Special Appeal Nos. 513 of 2023 and 507 of 2023, Sri Kuldeep Pati Tripathi, learned Additional Advocate General appearing for the State-respondents and Sri R. K. Singh Suryavanshi, learned Counsel representing the U. P. Public Service Selection Board.

2. By means of Writ-A No.31192 of 2017 filed under Article 226 of the Constitution, the veracity of Sub-Rule 18 of Rule 5 of the Uttar Pradesh Educational (General Education Cadre) Service Rules, 1992 has been challenged. The said Rule apparently provides for the ratio in which the Headmasters, Headmistresses and District Inspectors of Schools are to be considered for promotion to the post of Principal of Government Intermediate Colleges.

3. The petitioners, who are working on the post of Block Education Officers in different Blocks in the State of U.P., are challenging the impugned Office Memorandum dated 14.09.2021 have filed Writ Petition No. 21232 (SB) of 2021 as also for declaring the Rule 5 (18) of the Rules, 1992 as ultra vires for the reason that in the DPC held on 17.01.2018 for promotion on Group – B (Higher) posts, only Men and Women teaching branches were considered, while ignoring the candidates of inspecting cadre.

4. In Special Appeal Nos. 507 of 2023 and 513 of 2023, the appellants who are direct recruits have challenged the impugned orders, in respect of their posting, passed against them.

5. In nutshell the case of petitioners of Writ-A No. 31192 of 2017 is that on 18.04.1992, the State Government promulgated “The Uttar Pradesh Educational (General Education Cadre) Service Rules, 1992” [briefly, it is stated as ‘Rules, 1992’] for the purpose of recruitment to Group ‘A’ and Group ‘B’ (higher) posts. Rule 5 of Rules, 1992 provides the source of recruitment to various posts of Group ‘A’ and Group ‘B’ (higher) posts. Sub-Rule 18 of Rule 5 of the Rules, 1992 stipulates 61%. 22% and 17% quota for Headmasters, Headmistresses and the incumbents posted on other equivalent teaching and non-teaching posts respectively for promotion on the post of Principal, Government Intermediate College (for Boys or Girls) as well as on other equivalent Group – B posts.

6. In the year 1992, the State Government for the purpose of appointment on the post of Lecturer in Government Intermediate Colleges also promulgated The Uttar Pradesh Special Subordinate Educational (Lecturer’s Cadre) Service Rules, 1992 [here-in-after it has been referred to as ‘Lecturer Service Rules’] and Rule 5 of the said Rules provides source of recruitment for the post of Lecturer and there are two separate branches for the post of Lecturer, i.e., Men and Women.

7. In the year 1993, the Uttar Pradesh Educational Teaching (Subordinate Gazetted) Service Rules, 1993 [in short, it is referred to as ‘Rules, 1993’] were promulgated governing appointment to the Headmasters and Headmistresses in Government Higher Schools and Rule 5 of the said Rules provides the source of recruitment to the post Headmasters and Headmistresses of Government Higher Secondary Schools.

8. As per Rule 5 (1) of the Rules, 1993, the post of Headmaster of Government Higher Secondary School would be filled up by promotion through Selection Committee in the ratio of 45% and 55% respectively from amongst substantively appointed men’s branch (I) Lecturers who have completed three years service as such and Assistant Masters (L.T. Grade) who have completed twelve years service as such on the first day of the year of recruitment.

9. According to Sub-Rule (3) of Rule 5 of Rules, 1993, the promotion would be made through Selection Committee in the ratio of 45% and 55% respectively from amongst substantively appointed (i) Lecturers who have complet