Promotion is a fundamental aspect of service that must be equitably provided to all eligible employees, adhering to constitutional mandates of fairness and equality.

ORDER :

Surepalli Nanda, J.

Heard Sri M.Srikanth, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…….issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not providing for at least two promotional channels from the post of Physical Directors/Lecturers in Physical Education in Government Degree Colleges by making appropriate provision in the Telangana State Collegiate Education Service, issued vide G.O.Ms.No. 6, Higher Education Department, dt. 06/02/2023 as discriminatory, arbitrary, illegal and contrary to the judgments of the Honourable Supreme Court and further direct the Respondents to provide for promotional channels to the post of Principal and other higher posts from the post of Physical Directors/Lecturers in Physical Education in Government Degree Colleges in Telangana State Collegiate Education Service Rules, 2023 and pass….”

3. The case of the petitioner, in brief, is that the petitioner was initially appointed as Physical Director in Government Junior College at Bellampally on 09.07.1999 and was later promoted to the post of Physical Director in UGC with pay scales in Government Degree College on 20.10.2004. The petitioner herein is fully qualified and eligible to be appointed to the post of Principal. Subsequently, based on the UGC guidelines, G.O.Ms. No. 91 dated 26.03.1997 was issued, wherein it was ordered that Physical Director working in Degree Colleges drawing scales of pay of Rs. 700 – Rs. 1600 and who possess qualifications as prescribed in G.O.Ms.No.491 dated 16.11.1994 shall be designated as Lecturers in Physical Education with immediate effect. Accordingly, the petitioner was also considered as Lecturer in Physical Education.

However, the rules issued in G.O. Ms. No. 47, dated 14.05.2007 did not provide for the Lecturers in Physical Education to be appointed to the post of Principal. Therefore, proposal was sent in this regard and the government vide memo dated 31.01.2014 had directed the Commissioner of Collegiate Education to examine and submit a detailed report.

However, no action has been initiated till date and no further promotional channels has been provided. Further, the government has issued special rules for Telangana State Collegiate Education Service vide G.O. Ms. No.6 dated 06.02.2023, wherein the post of Physical Director for Government Degree College had been pushed down to Class ‘D’ category- I, where no channels have been provided for promotion. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

PERUSED THE RECORD:-

4. The counter affidavit filed on behalf of the respondent No.2 and in particular para No.11 is extracted hereunder:-

“11. In the instant case, it is submitted that since the matter of re-designation of Physical Director and promotion to the post of Principal requires requisite qualification i.e., must possess a Master’s Degree with a minimum of 55% of marks of equivalent Grade, must posses Ph.D Degree, an experience of 15 years of teaching as Assistant Professor or Associate Professor and Lecturer (existing) in Government Degree College. Other criteria as per UGC Regulations from time to time and it’s all related to academic, the promotion to the Principal cadre needs 15 years of teaching experience. Whereas pursuant to the Union/Association letter has been addressed to the Government in this regard vide letter File No.CCE-SER1/POLY/9/202