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2024 Supreme(Online)(CHH) 12384
HIGH COURT OF CHHATTISGARH
Shri Ramesh Sinha, CJ, Shri Amitendra Kishore Prasad, J
RAJESH KUMAR SHARMA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/5973/2023
The classification of Lecturers for promotion under the Rules of 2019 is constitutional and does not violate Article 14, as the right to promotion is not a constitutional right.
Headnote:(A) Chhattisgarh School Education (Academic and Administrative Cadre) Recruitment and Promotion Rules, 2019 - Entry 18 of Schedule-II - Petitioners challenge the constitutionality of the provision allocating 30% of Principal posts for Lecturer E(LB) cadre, claiming it violates Article 14 of the Constitution - The court held that the classification does not violate constitutional provisions and is a valid exercise of legislative power. (Paras 5, 8, 32)
(B) Constitutional Law - Article 14 - Equal protection of laws - The court reaffirmed that the right to promotion is not a constitutional right, and the classification made by the State is not arbitrary. (Paras 24, 32)
Facts of the case:
Petitioners, Lecturers in the School Education Department, challenged the allocation of promotional posts under the Rules of 2019, arguing it unfairly favored the newly absorbed Lecturer E(LB) cadre over long-serving E-cadre Lecturers.
Findings of Court:
The court found that the Rules of 2019 are constitutional and do not violate the rights of the petitioners, as the classification is reasonable and serves a legitimate purpose.
Issues: The main issues were whether the classification of Lecturers into E-cadre and E(LB) cadre for promotion was arbitrary and whether it violated the petitioners' rights under Article 14.
Ratio Decidendi: The court ruled that the classification is not arbitrary and that the chance of promotion cannot be claimed as a constitutional right, thus upholding the validity of the Rules.
Result: Both writ petitions dismissed.
CAV ORDER
Per Ramesh Sinha, Chief Justice
1. Since common issue is involved in both the writ petitions, they are being heard together and decided by this common order.
2. Heard Mr. Rajeev Shrivastava, learned Senior counsel assisted by Mr. Sourabh Sahu, learned counsel for the petitioners in WPS No.5973/2023 and Mr. Anukul Biswas, learned counsel for the petitioners in WPS No.7678/2023. Also heard Mr. Shashank Thakur, learned Deputy Advocate General appearing for the State as well as Ms. Annapurna Tiwari, learned Central Government counsel appearing for Union of India.
3. WPS No.5973/2023 has been filed by the petitioners with the following reliefs:-
“i. That, this Hon'ble Court may kindly be pleased to declare the Entry 18 of the Schedule 2 of the Chhattisgarh School Education (Academic and Administrative Cadre) Recruitment and Promotion Rules, 2019 as ultravires to the extent of inclusion of 30% Lecturer E-cadre (L.B.) for the purpose of promotion to the post of Principal.
ii. That, this Hon'ble Court may kindly be pleased to direct the respondents to promote the Lecturers to the post of Principal strictly in accordance with the Chhattisgarh Public Service (Promotion) Rules, 2003.
iii. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioners, in the interest of justice.”
4. Likewise, WPS No.7678/2023 has been filed by the petitioners with the following reliefs:-
“(i) That, this Hon'ble Court may kindly be pleased to held the separate quota of 30% for LB cadre in entry 18 schedule -II as ultra- virus, in the interest of justice.
(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider promotion for the post of Principal as per seniority on the post of Lecturer E & T Cadre and thereafter, LB Cadre who entered in the education department from 01.07.2018, in the interest of justice.
(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
5. The petitioners through the instant petitions are questioning the legality and constitutional validity of Entry 18 of Schedule-II enacted under the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short, “the Rules of 2019”), whereby 65% posts shall be filled by promotion of the Lecturers, in which, 70% posts shall be for Lecturers of E-cadre and 30% posts for Lecturers E (L.B.) cadre. If sufficient number of eligible candidates are not available in feeding cadre in the E-cadre, the posts shall be filled up by promotion of E(LB) cadre and vice- versa.
6. Brief facts for disposal of both the writ petitions, are that, all the petitioners were appointed in the School Education Department and the services of the petitioners are governed under the Madhya Pradesh (now C.G.) Civil Services (General Conditions of Services) Rules, 1961 for regulating the recruitment and condition of the service of persons appointed to public services and posts in connection with the affairs of the State of Chhattisgarh. In order to regulate services and conditions of service of Shiksha Karmis, the State enacted the Madhya Pradesh (now C.G.) Panchayat Shiksha Karmi (Recruitment and Service Condition) Rules, 1997 (hereinafter referred to as “Rules of 1997”) and as per Schedule-I of the Rules of 1997, pay scale of Shiksha Karmi Grade-I was approved as Rs.1200-40-2040 and the appointing authority of the Shiksha Karmi is the concerned Zila Panchayat. For maintaining uniformity and proper management of the Government Schools around the State, the Department of General Administrative of the State passed an order on 10.03.2015 whereby it was declared that various Departments of School Education working under respondent No.1 are hereby merged and thus, formed a single Department. Respondent No.1 by an order dated 30.06.2018, absorbed the services of all the Teachers (Panchayat/ Urban body) working in the State and who
