ORDER : 1. Precisely the question, which has fallen for consideration in the case at hand is “whether promotion to the petitioner to the post of Lecturer (School Cadre) Chemistry, who was a Trained Graduate Teacher, could be denied for allegedly hers having not submitted Masters Degree in Chemistry. especially when she had submitted a provisional certificate alongwith mark-sheet, showing her to have acquired the degree of masters in Chemistry?” 2. For having bird’s eye view, necessary facts as emerge from record are that on 26.11.1994, petitioner joined as Trained Graduate Teacher in the education Department and in that capacity worked till 13.7.2010. After having obtained Masters degree in Chemistry on 28.3.2008 from Annamalai University, petitioner informed the Principal of the School concerned, who vide communication dated 16.8.2008 (Annexure P-3) apprised Director Higher Education, the factum with regard to petitioner having completed Master of Science (Chemistry) enabling Department to include her name in the zone of consideration for promotion to the post of Lecturer (School Cadre). Careful perusal of communication dated 16.8.2008 issued under the signature of Principal Government Senior Secondary School (Boys), Shimla reveals that the complete case of the petitioner for promotion to the post of PGT Chemistry/Lecturer Chemistry(School Cadre) was sent to the office of Director Higher Education. However, the petitioner was promoted to the post of Lecturer (School Cadre) on 13.7.2010 as is evident form communication dated 13.7.2010, Annexure P-4, whereas, as per seniority No. 4926 of the petitioner in the cadre of Trained Graduate Teachers, she ought to have been promoted in the year 2008, ahead of private respondents, who were promoted as Lecturer (School Cadre) on 16.7.2008. Perusal of promotion orders dated 16.7.2008 and 12.8.2008, whereby Trained Graduate Teachers junior to the petitioner were promoted to the post of Lecturer (School Cadre) and had completed master degree after 31.12.2007, reveals that the candidate, who had completed master’s degrees after 31.12.2007 were considered for promotion to the post of Lecturer (School Cadre). Though, the petitioner completed master degree on 28.3.2008, as is evident from Annexure P-2 provisional certificate issued by Annamalai University, but her case was not considered by DPC held on 15.7.2008. 3. Though, the petitioner completed master degree on 28.3.2008, as is evident from Annexure P-2 provisional certificate issued by Annamalai University, but her case was not considered by DPC held on 15.7.2008. 3. Being aggrieved with the aforesaid illegal action of the respondents, petitioner filed representation to the Director Higher Education, vide Annexure P-8 and P-9, but since no attention was paid to the aforesaid request made by petitioner, she was compelled to approach this Court, praying therein for following main reliefs: “1. The petitioner may be ordered to be promoted from the due date i.e. as on dated: 16.7.2008, when the persons junior to the petitioner were wrongly promoted before her, along with all the consequential benefits.” 4. It may be noted that earlier the petitioner filed writ petition before this court, which was transferred to the Himachal Pradesh Administrative Tribunal and on its abolition, same has again been transferred to this court and registered as such. 5. I have heard learned counsel for the parties and perused material available on record. 6. Having heard learned counsel for the parties and perused material available on record, especially the reply filed by respondents Nos. 1 and 2, this court finds that the facts as have been taken note herein above, have not been disputed rather admitted in the reply filed by respondents. Respondents in their reply have tried to justify their action in not promoting the petitioner alongwith private respondents on the ground that at the time of convening Departmental Promotion Committee on 15.7.2008, petitioner had not obtained the Master’s Degree. Apart from above, it has been stated in reply that since Master’s Degree was not submitted to the department on or before 15.7.2008, petitioner could not be promoted to the post of Lecturer (School Cadre) in her subject alongwith other eligible candidates. There is no dispute that the petitioner was ranking above the private respondents in seniority list. It also emerges from the reply filed by respondents Nos. 1 and 2 that after having convened DPC on 15.7.2008, a panel was drawn and candidates, who could not be promoted pursuant to recommendations of Departmental Promotion Committee made on 15.7.2008, were subsequently considered in the review DPC held on 19.6.2009. However, since name of the petitioner was not considered in regular DPC held on 15.7.2008, her name again was not considered in review DPC held on 19.6.2009. However, since name of the petitioner was not considered in regular DPC held on 15.7.2008, her name again was not considered in review DPC held on 19.6.2009. However, as has been taken note here in above, petitioner was promoted as Lecturer (School Cadre) in the year 2010. 7. If the reply filed by respondents Nos. 1 and 2 is read in its entirety, it has not been disputed that a provisional certificate issued by the Annamalai University, showing the petitioner to have passed Master’s Degree in Chemistry was submitted by the petitioner before meeting of DPC held on 15.7.2008. 8. Petitioner was ignored by the DPC for promotion on 15.7.2008 only for the reason that she had not submitted her Master’s Degree in Chemistry but once it stands duly admitted that before 15.7.2008, Principal, Government Senior Secondary School, where the petitioner was working at the relevant time, had submitted case of the petitioner complete in all respects to the Director Higher Education enabling it to consider case of petitioner for promotion as Lecturer (School Cadre) alongwith others, there was no occasion for the respondents to deny the legitimate claim of the petitioner on the ground that she did not possess Master’s Degree on 15.7.2008 when regular Departmental Promotion Committee was convened. 9. Respondents in their reply in para-3 have categorically admitted that the petitioner had submitted provisional certificate and degree was issued by University on 20.11.2008. Vide communication dated 5.11.2013, learned counsel for the petitioner sought information under Right to Information Act, 2005 from Directorate of Higher Education to the following effect: “1. Whether the following TGTs’ Science who were promoted as Lecturer (School Cadre), Chemistry on 16.7.2008 and on 12.8.2008 had submitted their original/final Masters Degree at the time of regular DPC held on 15.7.2008, if NO, then on what basis they were promoted? Name Seniority No. Date of appointment Suresh Kumar 6443 14.10.1996 Sanjeev Kumar 7967 7.2.2001 Naveen Bhandari 9942 9.4.2001 Rakesh Kumar 9316 18.1.2001 Rajender Singh 9543 20.2.2001 Abha Gupta 6851 31.3.1997 Ravinder Singh 10560 9.10.2001 Anil Kumar 7278 28.6.1998 10. Public Information Officer vide communication dated December, 2013, supplied following information: “Department do prepare panel amongst in service TGT’s who have completed Master degree and supporting relevant documents/certificates are verified from original certificate by Principal/Headmaster concerned and cases are submitted to department alongwith attested photo copies of relevant documents. Public Information Officer vide communication dated December, 2013, supplied following information: “Department do prepare panel amongst in service TGT’s who have completed Master degree and supporting relevant documents/certificates are verified from original certificate by Principal/Headmaster concerned and cases are submitted to department alongwith attested photo copies of relevant documents. Hence, original certificates of any candidates are not demanded until and unless there is some doubt in any documents. However, before including any name in the panel for promotion it is ensured that the TGT concerned have actually acquired complete Master degree from recognized University. Any case submitted for inclusion in the promotion panel of PGT on the basis of provisional certificate by the candidates are not considered until and unless candidate produce consolidated marks sheet of degree issued by recognized University.” 11. Careful perusal of aforesaid information supplied under Right to Information Act, 2005 clearly reveals that for inclusion in the panel of PGT on the basis of provisional certificate by candidates, they are not considered until and unless candidates produce original consolidated mark sheet/degree issued by University. 12. In the case at hand, it is not in dispute that the petitioner besides having submitted provisional certificate also submitted mark sheet showing her to have passed Master’s Degree in Chemistry, but yet the Department opted not to include her in the list of candidates considered for promotion by the DPC held on 15.7.2008. 13. It has been wrongly averred by the respondents Nos. 1 and 2 in reply that petitioner acquired the master’s degree on 20.11.2008 because documents placed on record clearly reveal that though the petitioner herein had passed Master’s Degree in Chemistry on 28.3.2008, but degree in her favour was granted on 20.11.2008. 14. Needless to say, University at first instance grants detailed mark sheet alongwith provisional certificate and usually degrees are issued after some time. Since the petitioner had submitted mark sheet showing her to have passed Master’s Degree in chemistry and provisional certificate issued by the University concerned, department ought to have considered the case of the petitioner for promotion as Lecturer (School Cadre) alongwith others in DPC held on 15.7.2008. Since case of the petitioner was not considered on 15.7.2008, her name was again not considered in the review DPC dated 19.6.2008, as she was not in the zone of consideration drawn by regular DPC held on 15.7.2008. Since case of the petitioner was not considered on 15.7.2008, her name was again not considered in the review DPC dated 19.6.2008, as she was not in the zone of consideration drawn by regular DPC held on 15.7.2008. Petitioner was promoted to the post of Lecturer (School Cadre) in the year 2010, whereas, persons junior to her in seniority list were promoted in the year 2008. Since the petitioner was fully eligible to be promoted to the post of Lecturer (School Cadre) on 15.7.2008, prayer made in the instant petition deserves to be allowed, especially when it stands established on record that the persons junior to the petitioner were promoted ahead of her pursuant to recommendation of Departmental Promotion Committee held on 15.7.2008. 15. Merely for want of degree, petitioner could not be denied promotion from due date, especially when factum of her having acquired Master’s Degree on 28.3.2008 i.e. much prior to convening of regular DPC on 15.7.2008 stood established on record on account of documents furnished by Principal of school to the Director Higher Education. 16. Consequently, in view of above, this court finds merit in the present petition and same is allowed and action of the respondents in not granting promotion to the petitioner to the post of Lecturer (School Cadre) Chemistry with effect from 16.7.2008 is held to be bad and accordingly same is quashed and respondents are directed to grant promotion to the petitioner to the post of Lecturer (School Cadre) Chemistry from the date her juniors were promoted to the post concerned pursuant to DPC 15.7.2008 alongwith all consequential benefits. 17. Petition stands disposed of in the afore terms, alongwith all pending applications.