IMPORTANT POINT
The court affirmed that promotion rules in educational services must ensure equal opportunity and are not arbitrary, aligning with constitutional mandates.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. Since, in both the petitions common question of law and facts are involved, therefore, both the petitions are being decided by a common judgment. For deciding the issue, facts of WPSB No. 123 of 2024 are being taken into consideration.

2. By the instant petition, the petitioners are praying for the following reliefs:

(i) Issue a writ or order in the nature of certiorari to call for the records and to quash Rule 5(3) ¼[k½ and 5(4) ¼[k½ and Rule 6 and Rule 8 of the Uttarakhand State Educational (Teaching Cadre) Gazetted Service Rules, 2022 declaring the same to be invalid being arbitrary and unreasonable and ultra vires to Article 14 and 16 of the Constitution of India.

(ii) Issue a writ or order in the nature of certiorari quashing the impugned advertisement dated 11.03.2024 issued by respondent no. 4 (contained as Annexure No. 1) for limited departmental examination on the post of principal in Government Inter College and Government Girls Inter College.

3. Brief facts, of the case, are that petitioner no. 1 was appointed as an Assistant Teacher (L.T. Grade) in Art subject in the year 2016, petitioner no. 2 was also appointed as an Assistant Teacher (L.T. Grade) in Sports subject in the year 2007 and similarly petitioner no. 3 was also appointed as an Assistant Teacher (L.T. Grade) in Commerce subject in the year 1998. All the petitioners are non B.Ed. There are the Rules which were prevailed in the erstwhile State of U.P., i.e., U.P. Educational Teaching (Subordinate Gazette) Service Rules 1993 and Rule 5(1) of the said Rules contemplates promotion to the post of Head Master in Government High School according to which the promotion on the post of Head Master shall be made 45% amongst the substantively appointed Lecturer who have completed three years of service on the first day of recruitment year and 55% from the teachers substantively appointed as an Assistant Teacher (L.T. Grade) who have completed 12 years of service on the first day of recruitment year.

4. In the year 2006, after creation of the State of Uttarakhand, first time the Rules, i.e., Uttarakhand Education (General Education Cadre) Service Rules, 2006 (hereinafter referred to as the Service Rules 2006 for brevity) were framed, and, as per Sub-Rule (5) of Rule 5 of the said Rules, post of Principal in Government Inter College and Government Girls Inter College shall be filled amongst the Head Master of the Government High School who have completed 5 years of service on the first day of recruitment year, and vide Government Order dated 14.06.2011, the Education Department was re-structured and the same was bifurcated in Educational Cadre and Academic Cadre and the higher post of Educational Cadre was Principal, which was a promotional post. Subsequently, by Government Order dated 18.07.2011, the structuring of Group A and Group B post in Academic Cadre was undertaken and the post of Principal Government Inter College and Government Girls Inter College were kept in the pay scale of 15,600-39,10 grade pay 7,600/-. Subsequently, by Notification dated 15.09.2022, the Uttarakhand State Education (Teaching Cadre) Gazetted Service Rules, 2022 were notified and as per Rule 5(1) and 5(2) of the 2022 Rules, the earlier scheme of promotion for the post of Head Master in Government High School and Head Master in Government Girls high School was kept as it is, as it was in earlier Rules, i.e, 100% promotion in Head Master Cadre which was further divided as 45% from Uttarakhand Special Subordinate Education (Lecturer Cadre) and 55% from Uttarakhand Subordinate Education (Trained Graduate Category).

5. Rule 5(3) ¼d½ and ¼[k½ pertains to the promotion to the post of Principal in Government Inter College (General Cadre) which are being reproduced as hereunder:

5(3) ¼d½ 50% posts of Principals shall be filled up by promotion of the substantively appointed Head Masters of the Govt. High Schools who possesses post graduation degree from any University estab