IMPORTANT POINT
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.

JUDGMENT :

Manoj Kumar Tiwari, J.

Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity facts of WPSB No.135 of 2024 alone are being considered and discussed.

2. The reliefs sought in Writ Petition (M/S) No.135 of 2024 are reproduced below :

“(i) Issue a writ, order or direction in the nature of Mandamus declaring the Rule 8 and Proviso to Rule 5(3)(b) of the Service Rules,2022 (Annexure No. 1 to this writ petition) as Ultravires to Article 14 and 16 of the Constitution of India being Arbitrary, irrational, unreasonable and discriminatory in nature in as much as it deprives the Petitioners from participating in Limited Departmental Examination on an irrational and unreasonable differentiation criteria.

(ii) Issue a writ, order or direction in the nature of Certiorari calling for the record and quashing the Clause 4 of the advertisement dated 11th March 2024 (Annexure No...2 this Writ Petition) so far as it prescribe that the candidates should have minimum 50% marks in Post Graduation in as much as there was no such requirement at the time of induction in service on the post of Lecturer.

(iii) Issue a Writ, order or direction in the nature of mandamus directing the Respondents to treat the Petitioners candidature as eligible for participating in the Limited Departmental Examination for promotion on the post of Principal Government Inter College of the State, pursuant to the advertisement dated 11th March, 2024, based on the Educational and Training qualification possessed by the petitioners.

(iv) Issue a Writ, order or direction in the nature of mandamus directing the Respondents to grant relaxation in the conditions of service of having 50% in Post Graduation, in view of the provisions contained in Rule 20. of the Principal Service Rules, 2022 (Annexure No.1 to the Writ Petition), in order to enable the Petitioners to participate in the Limited Departmental Examination pursuant to the advertisement dated 11th March 2024 (Annexure No.2 to the Writ Petition).”

3. Petitioners are serving as Lecturer in different Government Intermediate Colleges (‘G.I.C.’ for short), within State of Uttarakhand. Some of them were appointed by direct recruitment through Public Service Commission; while, others were initially appointed as Assistant Teacher, L.T. Grade and, thereafter, were promoted to the post of Lecturer. The next promotional post available to Lecturer is Head Master, Government High School, which impart education upto Xth Standard.

4. Government of Uttarakhand, in exercise of its Rule making power under proviso to Article 309 of the Constitution, framed Uttarakhand State Education (Teaching Cadre) Gazetted Service Rules, 2022, which were notified, on 15.09.2022. The said Rules deal with recruitment and other conditions of service of Head Master/Head Mistress, Government High Schools and Principal of Government Intermediate Colleges (for short ‘G.I.C.’). Rule 5(1) of the said Rules provides that 45% of the total posts of Head Master/Head Mistress, Government High Schools, shall be filled by promotion of Lecturers serving in G.I.C. and 55% of the posts shall be filled by promotion of Assistant Teacher, L.T. Grade serving in Government High Schools.

5. Rule 5(3)(a) of the said Rules provides that 50% post of Principal, G.I.C. shall be filled by promoting Head Master, Government High School on the criteria of seniority subject to rejection of unfit. Rule 5(3)(b) however provides that the remaining 50% posts of Principal, G.I.C. shall be filled by limited departmental examination from amongst Head Master, Government High Schools and Lecturers of G.I.C. Rule 5(3)(b) thus opens an additional promotional avenue for Lecturers of G.I.C. to the post of Principal, G.I.C., which was not available to them earlier. Petitioners are aggrieved by the requirement of passing Post Graduate examination with minimum 50% marks, which is added