Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r. 9(5) of 2012 Rules Promotion Service Law Elementary School Headmaster |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Promotion – To the post of Elementary School Headmaster – Sought by Classical and Vernacular (C&V) Cadre Teachers appointed under 1998 Rules whose post had been converted to Trained Graduate Teacher (TGT) under r. 9(5) of 2012 Rules – Single Judge as well as Division Bench of High Court held that once C&V Teachers have been considered as member of TGT Cadre, they cannot be denied consideration for promotion to the post of Elementary School Headmaster – Appeal to Supreme Court – Held: The post of TGT under 2012 Rules was equivalent to the post of ‘Master’ under 1998 Rules – The post of ‘Master’ was promotional post to the C&V Teachers appointed under 1998 Rules – The conversion of C&V Teachers to TGT was so as to avoid anomalous situation and not for upgrading them as members of TGT Cadre – The feeder and promotional cadre cannot be treated at par by virtue of the expression used in r. 9(5) of 2012 Rules – The purpose of the 2012 Rules is better served by ensuring education to the students by TGT rather than C&V Teachers – The interpretation which subserves the cause of education is to be preferred – The order of High Court violates the cumulative reading of the 2012 Rules and defeats the cause of the primary education the State guaranteed by Art. 21A of the Constitution – Haryana School Education (Group C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 628 |
Petitioner | State Of Haryana And Another |
Respondent | Sandeep Singh And Others |
SCR | [2019] 7 S.C.R. 181 |
Judgement Date | 2019-05-06 |
Case Number | 4546 |
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