In an important decision, the Delhi High Court has banned the preparation of separate seniority lists for men and women for the promotion of teachers in government schools. The High Court has clarified that seniority order will be the basis for promotion, the one who is appointed first will get promotion first. For this, preparing separate seniority lists for men and women and giving promotion is completely illegal. The bench of Justice V Kameshwar Rao and Justice AK Mendiratta, while rejecting the petition of Delhi Government, said that there is no basis for discrimination between men and women in promotion.
The bench said that there is no provision anywhere in the appointment process and promotion process that separate seniority order should be prepared for male and female teachers. In fact, in this case, the Delhi government had challenged an order of the Central Administrative Tribunal (CAT), in which the CAT, while accepting the petition of a teacher, had said that the government's preparation of separate promotion lists on the basis of men and women was against the law. .
The High Court has also now approved the CAT order. The court said that the government will have to prepare a single seniority list, which will include both men and women as per the date of appointment. Promotion will be given on this basis.
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2014 case
In the year 2014, a teacher had filed a petition raising this issue before CAT. The physical education teacher had said in his petition that he got the appointment first. But those appointed later were promoted first. The government's stand on this was that women teachers have been promoted on the basis of a separate seniority list.
Government's argument
In the petition filed by the Delhi government, it was said that schools run in two shifts in the capital. Girls' school is organized in the first shift. In which women teachers are deployed. Because women's safety is a very serious issue. In the second shift, a school runs for boys and there are male teachers in it. In such a situation, when promotion is made, seniority list is prepared according to the shift.
During the hearing, a serious issue was also raised before the High Court that what should be the status of teachers promoted between the year 2014 and 2022. On this the High Court said that no change should be made in the status of those teachers. Because this will spoil the system. According to an official, meanwhile, about ten thousand teachers have got promotion.