Arshad Ansari vs State of Uttaranchal and Others

Rajesh Tandon, J.—By the present writ petition, the Petitioner has prayed for quashing the order dated 24th May, 2004 (Annexure-10 to the writ petition) passed by the Chief Medical Superintendent.

Briefly stated, the post of male counselor was advertised in the newspaper "Uttar Ujala" in the month of April, 2002, by the Chief Medical Superintendent, Soban Singh Jeena Base Hospital, Haldwani, district Nainital.

According to the said advertisement, the minimum qualification required for the post was graduation in Sociology or Psychology. Apart from the aforesaid qualification as will appear from the advertisement that the appointment was for a period of three months, which can be extended for another nine months that will come to one year.

Learned Counsel for the Petitioner has filed the present writ petition challenging the order dated 24.5.2004 by which the services of the Petitioner has been terminated on the ground that his tenure of service has come to an end on 29th May, 2004, been completed and further he is not eligible to do work on the said post as he does not hold master degree. The order shows as under:

Liberty has been given to the Petitioner to apply afresh in case, he fulfils the requisite qualification of the aforesaid post.

As will appear from the notification dated 12.1.2004, the qualification has been approved to the extent of post graduate in psychology-Social Work-Psychiatry and Human Development and that has been newly approved counselor''s qualification. The same is quoted below:

Kindly adhere to the newly approved counselor''s qualifications, i.e. Post Graduate in Psychology, Social Work, Psychiatry and Human Development. In case of inability to find suitable candidates in your State, please contact N.A.C.O. to help you facilitate the process. Additionally, there have been several requests of the counselors from various States that their salaries have not been raised to Rs. 6,500 though it has been approved by N.A.C.O. Kindly ensure that all the counselors in VCC Ts are duly paid the salary of Rs. 6,500 regularly.

By the present writ petition, the Petitioner has made his submission that the amended qualification will not apply in the case of Petitioner inasmuch as, he having been appointed with the qualification of graudation, the subsequent amendment of the qualification with regard to the post graduation will not apply in the case of the Petitioner.

Learned standing counsel has vehemently urged that the initial appointment of the Petitioner as per advertisement was for a period of three months, which can be extended to maximum period of 9 months. The said advertisement is quoted below:

So far as the change of qualification is concerned, the same has been made applicable prospectively and has not been applied retrospectively and as such in any of the case, the Petitioner is not affected as his period of appointment has already expired. Once the period mentioned in the advertisement has come to the end, the Petitioner could not have any grievance on account of change in the qualification as that will apply to the subsequent appointment.

Admittedly, the appointment letter was issued on 15th March, 2003 and the letter, which has been issued to the Petitioner on 24.5.2004, the period of one year has already expired. The Petitioner could not have any grievance against the said letter.

Therefore, the writ petition lacs merits and is dismissed.

Liberty is given to the Petitioner to apply afresh as indicated in the order dated 24.5.2004 if he fulfils the requisite qualification.