REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4546 OF 2019 (@ SLP(C) NO. 11295 of 2019)  (@ DIARY NO. 42671 OF 2018)

STATE OF HARYANA AND ANOTHER            …… APPELLANTS

vs.

SANDEEP SINGH AND OTHERS              .…..RESPONDENTS

J U D G M E N T

Hemant Gupta, J.

The  challenge  in  the  present  appeal  is  to  an  order  dated

03.12.2014 passed by the Division Bench of High Court of Punjab and

Haryana in an intra court appeal under Clause X of the Letters Patent.

2. The grievance of the respondents (hereinafter referred to as “writ

petitioners”)  in  the  writ  petition  filed  under  Article  226  of  the

Constitution is that the post of Drawing Teacher had been converted to

Trained Graduate Teacher (TGT) under Rule 9(5) of the Haryana School

Education (Group C) State Cadre Service Rules, 20121. Two juniors to 1 2012 Rules

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the  writ  petitioners  have  been  promoted  as  Elementary  School

Headmasters,  therefore,  the writ  petitioners are also entitled to get

promoted from the day their juniors were promoted.

3. The contention of the writ petitioners is that they possess senior

secondary qualification with 2 years Diploma in Art & Craft and that

they also possess qualification of B.A. and B.Ed.  Initially, services of

the writ petitioners were governed by Haryana State Education School

Cadre (Group C) Service Rules, 19982 which have since been replaced

by the 2012 Rules.  In terms of Rule 9 (5) of 2012 Rules, the Classical &

Vernacular  (C&V)  Cadre  Teachers,  such  as  the  writ  petitioners,  are

deemed to  be  converted  to  TGT in  the  relevant  subject  though no

further  recruitment  shall  be  conducted  to  these  categories  of  C&V

Teachers. The contention of the writ petitioners is that they fulfil the

qualification prescribed for the post of Elementary School Headmaster,

therefore, they are entitled to be considered for promotion to the said

post based upon seniority in terms of Rule 11 of 2012 Rules.  

4. The stand of the State is that the writ petitioners are not entitled

for promotion to the post of Elementary School Headmaster as they do

not fulfil the requisite qualification for appointment to the post of TGT

under 2012 Rules.   

5. The learned Single Bench relying upon Rule 9(5) of 2012 Rules

held that the C&V Teachers stand converted to TGT Cadre, therefore,

2 1998 Rules

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they would be entitled to consideration for promotion to the post of

Elementary School Headmaster.  It was held as under:   

“As per Rule 9 of the 2012 Rules, for promotion to the post of Elementary School Headmaster, 85% posts have been  kept  reserved  for  promotion  from  amongst  the TGTs. Since the petitioners now belong to the TGT Cadre, they would be entitled to consideration for promotion to the post of the Elementary School Headmaster provided they fulfil the qualifications for the post, for which they are claiming promotion.  The eligibility for  promotion to the post of Elementary School Headmaster is B.A. B.Ed. and since the petitioners fulfil the requisite qualifications for the said post, they are entitled to be considered for promotion to the said post according to their seniority, which has to be determined by the respondents as per Rule 11 of the 2012 Rules.”

6. The intra court appeal preferred by the State was dismissed for

the  reason  that  once  C&V  Teachers  have  been  considered  as  the

members of TGT Cadre they cannot be denied the promotion post of

Elementary School Headmaster against 85 per cent quota earmarked

for TGTs.  

7. Learned Counsel for the appellant argued that Rule 9(5) of 2012

Rules  only  gives  a  notional  designation  of  TGT  to  C&V  Teachers

appointed under 1998 Rules and that the Rule 9(5) of the 2012 Rules

cannot  be read in  isolation.  It  is  contended that  under  1998 Rules,

there were C&V Teachers and Masters.  The equivalent post of TGT in

the 1998 Rules is  Master,  which is  promotion post of  C&V Teachers

such as the writ petitioners. A cumulative reading of various provisions

of 2012 Rules does not contemplate to treat C&V teachers as TGT, the

Master being a promotion post for C&V Teachers.  

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8. The minimum educational qualification for C&V Teachers in terms

of  1998  Rules  in  the  subject  of  Drawing  was  Matric  from Haryana

School Education Board or equivalent qualification recognized by the

Haryana School Education Board as well as 2 years Diploma in Art and

Craft  Examination,  whereas,  for  the  promotion  to  the  post  of  Art

Master,  the  minimum  qualification  is  B.A.  with  Art  as  one  of  the

Elective  Subject  and  B.T./B.Ed  from  a  recognized  University  or

Matric/10+2 with 5 years Degree/Diploma from a recognized University.

9. It is contended that TGTs under 2012 Rules are defined to mean

the teachers appointed in the relevant subject after framing of 2012

Rules  and also  include Masters  appointed  before  the  notification  of

these Rules.  It is only the Master who falls within the definition of TGT

under the 2012 Rules, whereas, the C&V Teachers are converted to TGT

notionally  as  dying Cadre  to  avoid  anomalous  situation  of  the  C&V

Teachers without being in any Cadre.  

10.  The qualification for an appointment of TGT is Graduation; B.Ed

and  certificate  of  having  qualified  Haryana  Teachers  Eligibility

Test(HTET)/ School Teachers Eligibility Test(STET).  The writ petitioners

cannot be treated to be the members of TGT Cadre under 2012 Rules

as the post of Master is equivalent to the Post of TGT, which is in fact, a

promotion post for C&V Teachers under the 1998 Rules.  

11. On  the  other  hand,  the  learned  Senior  Counsel  for  the  writ

petitioners supported the reasoning given by the High Court that once

the C&V Teachers are converted to TGT, therefore,  they have to be

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treated as the members of TGT Cadre itself and Rule 9(5) of the 2012

Rules cannot be given any other meaning as the language of the Rules

leaves  no  manner  of  doubt  that  the  C&V  Teachers  are  now  to  be

deemed to be part of TGT cadre.   

12. The  relevant  Rules  need  to  be  extracted  at  this  stage  to

appreciate  the  respective  contention  of  the  parties.  The  relevant

provisions of the 1998 Rules read as under:

“6. (1) Appointments to the posts in the Service in case of Middle School Headmaster, Social Studies Master, Science Master,  Mathematics Master,  Agriculture Master, Commerce  Master,  Demonstrator  in  Physical  Education (P.T. Master), Home Science Master, Art Master and Music Master shall be made by Joint Director Schools.

(2) Appointments to the posts in the Service in case of Sanskrit Teacher, Hindi Teacher, Punjabi Teacher, Physical Training,  Instructor,  Art  and  Craft  Teacher  (Drawing Teacher), Tailoring Teacher and Tabla Player shall be made by  the  respective  District  Education  Officers  of  the concerned district.

*** *** *** 9. (1) Recruitment in the Service shall be made:-

(a) in the case of Middle School Headmaster,  (i) by promotion from amongst Master; or

*** *** *** (b) in the case of Social Study Masters- (i) 50% by promotion from amongst J.B.T. and C&V  Teachers; and (ii) 50% by direct recruitment; or (iii) by transfer of deputation of an official already in  service of any State Government  or  the

Government of India; (c) in the case of Science Master:- (i)  20% by promotion from amongst the J.B.T.  and C&V Teacher; and (ii) 80% by direct recruitment; or (iii) by transfer or deputation of an official already in  service of any State Government of India;

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(d) in the case of Mathematics Master:- (i) 20% by promotion from amongst J.B.T. an C&V   Teachers; and (ii) 80% by direct recruitment; or (iii) by transfer or deputation of an official already in the service of any State Government  or  the Government of India; (e)  *** *** ***

*** *** *** (o)  in  the  case  of  Art  and Craft  Teacher  (Drawing Teacher)  (i) by direct recruitment; or (ii) by transfer or deputation of an official already in the  service  of  any  State  Government  or  the Government of India;

***  *** ***

APPENDIX -B    (See Rule-3)

Sr. No.

Designation of Posts

Academic qualifications and experience if any for direct recruitment

Academic qualifications and  experience if  any  for appointment other  than  by direct recruitment

1-8 *** *** *** 9. Art Master (i) B.A. with Art

as  one  of  the Elective Subject  and B.T/B.Ed from a recognized university. OR Matric/10+2 with  5  years degree/diploma in  arts  from  a recognized university; and (ii)  knowledge of  Hindi  upto Matric Standard

(i)  B.A  with  Art as  one  of  the Elective  subject and  B.T./B.Ed from  a recognized university. OR Matric/10+2 with  5  years degree/diploma in  arts  from  a recognized university; and (ii)  Knowledge of  Hindi  upto Matric Standard (iii)  3  years experience  on the  post  of  JBT and  C&V Teacher.

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10- 14

*** *** ***

15. Art  and Craft Teacher (Drawing Teacher)

(i)  Matric  from Haryana School Education Board  or  an equivalent qualification recognized  by the  Haryana School Education Board; (ii)  2  years Diploma  in  Art and  Craft Examination conducted  by the  Haryana Industrial Training Department  or an  equivalent qualification recognized  by the  Haryana School Education Board; (iii)  Knowledge of  Hindi  upto Matric Standard.

(i)  Matric  from Haryana  School Education Board or an equivalent qualification recognized  by the  Haryana School Education Board; (ii)  2  years Diploma  in  Art and  Craft Examination conducted  by the  Haryana Industrial Training Department  or an  equivalent qualification recognized  by the  Haryana School Education Board; (iii)  Knowledge of  Hindi  upto Matric Standard.

  “

13. The  similar  qualifications  exist  for  appointment  to  the  other

categories of C&V Teachers and of promotion to the post of Masters.   

14. The 1998 Rules were repealed when the 2012 Rules were notified

on 11th April 2012. The relevant extracts from such Rules are as under:

“2.  In  these  Rules,  unless  the  context  otherwise requires,-

(a)        *** *** ***

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(e) “direct  recruitment” means an appointment made otherwise than by promotion from within the Service or by transfer of an official already in the Service of the Government of India or any State Government.

*** *** *** (h)  “TGT”  means  Trained  Graduate  Teacher  in  the relevant  subject  appointed  after  notification  of  these rules  and  shall  include  masters  appointed  before notification of these rules; (i)  “PRT”  means  Primary  Teacher  appointed  after notification of these rules and shall include junior basic (JBT)  teachers  appointed  before  notification  of  these rules.

*** *** *** 3.  The  Service  shall  comprise  of  the  posts  shown in Appendix A to these rules;

Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reductions  in,  the number of  such posts  or  to  create new posts with different designations and scales of pay, either permanently or temporarily.

*** *** *** 7.   No person shall  be  appointed to  any  post  in  the Service, unless he is in possession of qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment on contract basis and  those  specified  in  Column  4  of  the  aforesaid Appendix in the case of persons appointed other than by direct recruitment on contractual basis:

Provided that in case of on contractual basis direct recruitment,  if  the  required  number  of  candidates  of Scheduled  Caste,  Backward  Class,  other  backward classes,  Ex-Servicemen  and  physically  Handicapped having not the required the experience are not available against  the  vacancies  reserved  for  them,  then relaxation in experience upto the limit of fifty percent may  by  order,  for  reason  to  be  recorded  in  writing, given at the discretion of the recruiting agency.                        * ** *** ***  9. (1)  Recruitment in the Service shall be made:-

(a) In  the  case  of  Elementary  School  Head Master:-

(i) 85% by promotion from amongst TGTs; and

(ii) 7% by promotion from Hindi teachers;  and  

(iii) 7%  by  promotion  from  Sanskrit teacher; and  

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(iv) 1%  by  promotion  from  Punjabi teacher; or (v) by transfer or deputation of an official  

already  in  service  of  any  State   Government, Government of India or   from  the  Haryana  State  Education   School Cadre (Group C) Service;

(b) to (k) *** *** *** (l)   In the case of TGT Art,--

(i) 67% by direct recruitment on contract  basis; and

(ii) 33% by promotion from amongst  Primary Teachers (PRTs)/Classical &  

Vernacular (C&V) Teachers; or (iii) by transfer or deputation of an official  

already in service of any State  Government, Government of India;

*** *** ***

(5) The  present  Classical  &  Vernacular  (C&V) Cadre consisting of the posts of Sanskrit Teachers, Hindi Teachers, Punjabi Teachers, Physical Training Instructors  (PTIs),  Art  &  Craft  Teachers  (Drawing Teachers), Tailoring Teachers and Tabla Players and governed by the  Haryana State Education School Cadre  (Group  C)  Service  Rules,  1998  shall  be converted to TGT in relevant subject and no further recruitment  shall  be  made  to  these  categories when the present incumbent on the notification of these  rules  vacate  the  post  on  his  promotion, retirement  or  any  other  purpose.  (Emphasis Supplied)

*** *** ***

APPENDIX A    (See Rule 3)

S N

Designation of Posts

Number of Posts Scale of Pay

Permanent Temporary Total Pay Band

Grade Pay

1 Elementary School Head Master

5207 5207 9300- 34800

4800

2 TGT  Social Studies

5513 3307 8820 9300- 34800

4600

3 TGT Science

3014 1579 4593 9300- 34800

4600

4 TGT Mathematics

2566 2129 4695 9300- 34800

4600

5 TGT English 9300- 34800

4600

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6 TGT Hindi 9300- 34800

4600

7 TGT Sanskrit

9300- 34800

4600

8 TGT Punjabi 9300- 34800

4600

9 TGT Urdu 1 0 1 9300- 34800

4600

10 TGT Physical Education

918 179 1097 9300- 34800

4600

11 TGT  Home Science

167 129 296 9300- 34800

4600

12 TGT Art 0 1 1 9300- 34800

4600

13 TGT Music 58 33 91 9300- 34800

4600

APPENDIX B (See Rule 7)

S N Designation  of Posts

Academic qualifications and experience,  if any, for direct recruitment on  contract basis

Academic qualifications and experience,  if  any,  for appointments other than by direct  recruitment  on contract basis

1. Elementary School  Head Master

- By Promotion:- (i)  B.A./B.Sc.  and  2-year Diploma  in  Elementary Education; OR B.A./B.Sc.  with  at  least  50% marks  and  1-year  Bachelor  in Education (B.Ed.); OR B.A./B.Sc.  with  at  least  45% marks  and  1-year  Bachelor  in Education  (B.Ed.),  in accordance  with  the  NCTE (Recognition  Norms  and Procedure)  Regulations  issued from time to time in this regard; OR Senior  Secondary  (or  its equivalent)  with  at  least  50% marks  and  4  year  Bachelor  in Elementary  Education  (B.  El. Ed.); OR Senior  Secondary  (or  its equivalent)  with  at  least  50% marks and 4 year B.A. Ed.; OR B.A/B.Sc.  with  at  least  50% marks and 1-year B.Ed. (Special

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Education); (ii) 5 year experience in regular capacity  as Hindi/Sanskrit/Punjabi Teacher/TGT. (iii) At least 3 weeks in-service training  in  administrative  and accounts module.

2- 11

*** *** ***

12. TGT Art (i)  B.F.A/B.A and  2-year Diploma  in Elementary Education; OR  B.F.A/B.A with at  least  50% marks  and  1- year Bachelor in Education (B.Ed.); OR   B.F.A/B.A with at  least  45% marks  and  1- year Bachelor in Education (B.Ed.);  in accordance  with the  NCTE (Recognition Norms  and Procedure) Regulations issued from time to  time  in  this regard; OR Senior  Secondary (or  its equivalent)  with at least  50% marks and  4  year Bachelor in Elementary  Education (B.El. Ed.);OR Senior Secondary(or  its equivalent)  with at  least  50% marks  and  4 year  BA.  Ed  ; OR B.F.A/B.A  with at  least  50%

By Promotion:- (i)  B.F.A/B.A  and  2-year Diploma  in  Elementary Education; OR  B.F.A/B.A with  at  least  50% marks  and  1-year  Bachelor  in Education (B.Ed.); OR  B.F.A/B.A with  at  least  45% marks  and  1-year  Bachelor  in Education  (B.Ed.),  in accordance  with  the  NCTE (Recognition  Norms  and Procedure)  Regulations  issued from time to time in this regard; OR Senior  Secondary  (or  its equivalent)  with  at  least  50% marks  and  4  year  Bachelor  in Elementary  Education  (B.  El. Ed.); OR Senior  Secondary  (or  its equivalent)  with  at  least  50% marks and 4 year B.A. Ed.; OR B.F.A/B.A  with  at  least  50% marks and 1-year B.Ed.(Special Education); AND

(ii) In case of B.A. Arts, at least 50%  marks  in  Fine  Art  as  an Elective subject, (iii)  In case of B.Ed., Fine Art as  a  teaching  subject  from  a recognized University; (iv)  3  year  experience  as Primary Teacher (PRT)/Classical & Vernacular (C&V) Teacher. (v)  Certificate  of  having qualified  Haryana  Teacher Eligibility  Test  (HTET)/School Teachers  Eligibility  Test (STET).

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marks  and  1- year  B.Ed. (Special Education); AND (ii) in case of  B.A. Arts, at  least 50% marks in Fine Art as an Elective subject, (iii)  In  case  of B.Ed.,  Fine  Art as  a  teaching subject  from  a recognized University; (iv)  Certificate  of having  qualified Haryana  Teacher Eligibility  Test (HTET)/  School Teachers Eligibility Test (STET). (v)  Matric  with Hindi/Sanskrit  or 10+2/B.A./M.A. with Hindi as one of the subject.

               ”

15. We find that the High Court has taken a simplistic view on the

bare  reading  of  Rule  9  (5)  of  2012  Rules  to  hold  that  with  the

commencement of 2012 Rules, the C&V Teachers become part of TGT

Cadre  and  as  part  of  the  TGT  Cadre,  they  become  entitled  for

promotion to the post of Elementary School Headmaster from the day

their juniors were promoted to such post.

16. The appointment of the writ petitioners as C&V Teacher is prior to

the commencement of 2012 Rules. The 1998 Rules contemplate direct

recruitment  to  the  post  of  Master  and  to  various  other  disciplines,

commonly  called  as  C&V Teachers.  In  fact,  the  post  of  Master  is  a

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promotion post for C&V Teachers in terms of Rule 9 of the 1998 Rules.

The qualification for the post of Art Master by way of direct recruitment

and  promotion  is  Graduate  or  Matric/10+2  with  5  years

Degree/Diploma. However, for promotion the additional qualification is

3 years’ experience on the post of JBT and C&V Teachers.  

 17. The  post  of  TGT  is  contemplated  to  be  filled  up  by  direct

recruitment  and  by  promotion  from amongst  primary  teachers/C&V

Teachers. Column 3 of the Appendix B of 2012 Rules prescribes the

academic  qualifications  and  experience  for  direct  recruitment  on

contract basis whereas, Column 4 prescribes academic qualifications

and experience for appointment other than by direct recruitment on

contract basis.  The qualifications for filling up the post of TGT by way

of  promotion  are  B.F.A/B.A  and  2-year  Diploma  in  Elementary

Education; or B.F.A/B.A with at least 50% marks and 1-year Bachelor in

Education  (B.Ed.);  or  B.F.A/B.A  with  at  least  45% marks  and 1-year

Bachelor  in  Education  (B.Ed.);  in  accordance  with  the  NCTE

(Recognition Norms and Procedure)  Regulations  issued from time to

time in this regard; or Senior Secondary (or its equivalent) with at least

50% marks and 4 year B.A. Ed. Etc. and 3 years’ experience as Primary

Teacher (PRT)/Classical & Vernacular (C&V) Teacher. Thus, the post of

TGT is a promotion post for C&V Teachers as well.  

18. Therefore, the reading of the entire 2012 Rules shows that the

Masters  appointed  under  1998 Rules  alone were  holding  equivalent

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post to that of the members of the cadre of TGT. It is such category

alone  who  are  entitled  to  be  promoted  to  the  post  of  Elementary

School  Headmaster  in  terms  of  the  qualifications  prescribed  in

Appendix B particularly in view of Rule 2(h) and Rule 7 of the 2012

Rules. TGT means a Trained Graduate Teacher in the relevant subject

appointed after notification of the 2012 Rules and include the Masters

appointed  before  the  notification  of  these  Rules.   Therefore,  the

Masters  appointed  in  terms  of  1998  Rules  are  only  the  Trained

Graduate Teachers in terms of 2012 Rules. The post of Master under

the 1998 Rules  or  the Post  of  TGT under the 2012 Rules  is  in  fact

promotion post for the C&V Teachers.

19. The  entire  argument  of  the  appellants  is  based  upon  the

expression used that C&V Teachers governed by 1998 Rules shall be

“converted to TGT in relevant subject”.  The question is whether such

C&V  Teachers  stand  upgraded  to  the  post  of  TGT  though,  their

promotion channel under 1998 Rules was to the post of Master which

alone has been treated as TGT as defined in Rule 2(h) of  the 2012

Rules and in view of express language of Rule 7 which mandates that

the appointment shall be made to the post of TGT only in accordance

with the qualifications prescribed in 2012 Rules.  

20. The  reading  of  the  Rules  would  show  that  C&V  Teachers  are

treated to be TGT so as to avoid anomalous situation where the C&V

Teachers  after  the  commencement  of  2012  Rules  would  not  be

governed by any set of Rules.  Therefore, the expression that such C&V 14

Teachers  stand  converted  to  TGT  is  only  to  facilitate  their  service

conditions to be governed by the 2012 Rules rather than to upgrade

the C&V Teachers  as  members  of  TGT Cadre.   The  feeder  and the

promotional cadre cannot be treated at par by virtue of the expression

used  in  Rule  9(5)  of  2012  Rules  that  the  C&V  Teachers  shall  be

converted to TGT.  Such conversion is  only for a limited purpose of

2012 Rules being extended to them and that such C&V Teachers do not

become member of the  “cadre” eligible for promotion as Elementary

School Headmaster.  Rule 9(5) of 2012 Rules does not use the word

“cadre”. Therefore, such teachers cannot be treated to be part of TGT

cadre. Such interpretation is further supported by the fact that C&V

Teacher is a dying cadre and no further recruitment is to be made in

these categories.  

21. Such C&V Teachers, if eligible, can seek appointment by way of a

direct recruitment or other than by direct recruitment in terms of the

academic  qualifications  and  experience  contained  in  Appendix  B  of

2012 Rules but they cannot be treated en masse as members of TGT

Cadre. The State may consider to provide opportunity to such teachers

for appointment as TGTs.

22. The TGTs  are  engaged to  provide  elementary  education.   The

purpose of  the Rules is  better  served by ensuring education to the

students of primary schools in the State by Trained Graduate Teachers

rather  than  C&V  Teachers  who  were  being  engaged  earlier.  It  is

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upgradation of qualification of teachers to be engaged for teaching the

students of the primary schools for appointment as TGTs. Therefore,

the  interpretation  which  sub  serves  cause  of  education  is  to  be

preferred as  against  the  interpretation  leading to  anomalous  result,

more so it  is  not warranted by the cumulative reading of  the 2012

Rules.   

23. In view of the above, we find that the order passed by the High

Court that C&V Teachers become member of the TGT Cadre after the

commencement of 2012 Rules in fact violates the cumulative reading

of the 2012 Rules and defeats the cause of the primary education in

the State guaranteed by Article 21A of the Constitution.  

24. Consequently, the appeal is allowed and the order passed by the

High Court is set aside.  

……………………...……………………………..J.       (Dr. Dhananjaya Y. Chandrachud)

…………………..………………..……………….J. (Hemant Gupta)

New Delhi May 6, 2019

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