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Judgment
The petitioners seven in number who are working as Trained Graduate Teachers in various subjects in the schools run by the respondent-Society filed this writ petition seeking a writ of mandamus directing the respondent-Society to consider their claims for appointment as Post-Graduate Teachers by promotions (for short ''Cross Promotions'') in the subjects other than the subjects they are appointed by virtue of the rules governing the appointment.
In fact, the issue is squarely covered by a judgment of this Court. But, both the counsel for the respondent-Society Sri Chandraiah and his junior Mr. Chandraiah stoutly opposed the relief sought for by the petitioners by contending that the Society has given cross promotions due to some exigencies in the administration till the year 1994 and thereafter they prepared seniority list subject-wise and the claims of no candidate as Post-Graduate Teacher in a subject other than the subject in which he was appointed, were considered. It is also their case that the old rules that were in force at the time of rendering the judgment were amended and under the new rules, one must have the required experience in the subject in which he is seeking promotion as Post-Graduate Teacher.
To consider this plea, it is useful to compare both the old and new rules:
The old rules says as follows:
"2. Trained Graduate Teacher to Post-Graduate Teachers :--A person shall possess the qualifications for promotion as prescribed hereunder:
(a) First or second class Post-Graduate degree with not less than 50% marks.
(b) B.Ed, degree with methodology subject related to the subject in Post-Graduate degree.
(c) Experience of 2 years as Trained Graduate Teacher in APSWP Schools".
As far as new rules are concerned Rule 9 specifies Classes, Categories, Services, Posts and Qualifications that are required to be fulfilled by a person seeking appointment. Class HI, Category-1 deals with the appointment to the post of Post-Graduate Teacher bom by direct recruitment and promotion. As we are not concerned with the direct recruitment, I am not discussing that portion of the rule in this judgment. For promotion from Category-Ill i.e., Trained Graduate Teachers of Class-3 service, one must have;
"(a) 1st class or 2nd class M.A/M.Sc., degree in related subject of a recognized University with not less than 50% marks.
(b) A B.Ed., degree or equivalent qualification or a recognized University.
(c) Service" of two years for Category-Ill of Class-3."
To my mind it appears that there is no change in the old and new rules as contended by the Counsel for respondent. Under these Rules the required qualifications are, a person who is working as Trained Graduate Teacher, if he seeks promotion as Post-Graduate Teacher in a subject other than the subject in which he was appointed, he must have a Post-Graduate Degree in the subject in which he is seeking appointment as Post-Graduate Teacher. The other two qualifications i.e., a B.Ed., degree and a service of two years as a Trained Graduate Teacher, are common. But, the Counsel for the respondents requests this Court to read clause-C, i.e., service of two years in Category-Ill if clause-3, which I cannot accede to. In support of his contention he drew my attention to the qualifications required for appointment to the post of Trained Graduate Teachers by direct recruitment and submits that as the petitioner was appointed as Trained Graduate Teacher in a particular subject and a separate list is being maintained by the Society subject-wise, he/she cannot seek cross promotion. I do not find any merit in this submission.
Further the counsel for the petitioner produced a list of teachers who are given cross promotions by the respondent-Society from time to time. Hence, I hold that there are no merits in the apprehension of the respondent-Society that it has to prepare separate seniority list for giving cross promotions and accordingly, the same is rejected.
In the result, the writ petition is allowed and a writ of mandamus shall issue to the respondents, to consider the cases of the petitioners for promotions as Post Graduate Teachers not only in the subject in which they were appointed as Trained Graduate Teachers but also in other subjects, if they are having the Post Graduate degree with a minimum of 50% marks at PG level.
The respondents are directed to implement the orders of this Court within four weeks from the date of receipt of a copy of the order.
Accordingly, with the above directions, the writ petition is allowed. But, in the circumstances, there will be no order as to costs.