Har Prasad Hansraj vs State of M.P. and Others

Satish K. Agnihotri, J.—Challenge in this petition is to the order dated 15.04.1997 (Annexure A/11) and order dated 20.12.1996 (annexure P/8) whereby the petitioner has not been considered for promotion to the post of Laboratory (for short ''Lab'') Technician from the post of Lab Attendant on the ground that the petitioner has passed 12th examination certificate with agriculture subject. The facts, in brief are that the petitioner was appointed as Lab Attendant on 16.11.1984 (Annexure A/3). The petitioner became eligible for consideration for promotion to the post of Lab Technician after having completed 9 year of service. However juniors to the petitioners were promoted to the post of Lab technician vide order dated 20.12.1996 (Annexure A/8) but the petitioner was not considered for promotion on the ground that the petitioner has obtained class 12th examination certificate with agriculture and the same was communicated to the petitioner on 15.04.1997 (Annexure A/11).

Being aggrieved the petitioner preferred an application before the state Administrative Tribunal at Jabalpur (for short the SAT) on 27.09.1997. On dissolution of the SAT the said case was transferred to this Court.

Learned counsel appearing for the petitioner submits that the rules regarding appointment and promotion relating to class III employees of the college viz. Madhya Pradesh Tritiya varg Sewa (Mahavidyalay in Shakha) Bharti Tatha padonnati Niyam 1974 (for short rule 1974) have been amended under proviso to Article 309 of the constitution of India by notification dated 19.08.1991 (Annexure A/5) wherein it has been made clear that for promotion form the post of Lab Attendant to Lab Technician the candidate should have higher secondary school examination certificate or under 10+2 scheme should be class 12th passed (Annexure A/1) To demonstrate that the petitioner has passed Higher secondary school certificate examination conducted by the Board of secondary education Bhopal with Physics Chemistry and Biology as subject the petitioner has filed the copy of Higher secondary school examination certificate (Annexure A/1). Thereafter the petitioner has passed 12th examination wherein the petitioner has preferred various subject of agriculture.

Shri Patel further submits that since the qualification required is either Higher secondary school certificate examination or class 12th passed under the scheme of 10+2 the petitioner meets the requisite qualification of Higher secondary school certificate examination having subject Physics, Chemistry and Biology.

Per contra Shri Roy learned Panel lawyer appearing for the state/ respondents on the affidavit/return date 05.02.1998 submits that the petitioner has not passed class 12th examination with science subject i.e. Physics, Chemistry, Botany, Zoology, Geography, psychology and home science. Therefore he was not found eligible for consideration.

Having heard learned counsel appearing for the parties perused the pleading and document appended thereto, it appears that the respondents have completely ignored one part of the requirement under provision of the Rules 1947 i.e. Higher secondary school certificate examination or 10+2 examination certificate. The petitioner is admittedly in possession of higher secondary school examination certificate having Physics, Chemistry, and Biology as subject. Other alternative qualification i.e. under the 10+2 scheme was considered but not the first qualification i.e. Higher secondary school certificate examination. Even in the reply the respondents have not mentioned anything about the higher secondary school certificate examination as is evident from the order dated 15.04.1997 (Annexure A/11).

For the reasons mentioned hereinabove the impugned order dated 15.04.1997 (Annexure A/11) deserves to be and is quashed on the ground that Rules 1974 (Annexure A/5) which has been amended in the year 1991 and the same has been completely ignored by the respondents.

The impugned order dated 20.12.1996 (Annexure P/8) is not being quashed at this stage as the case of the petitioner is not that the other candidates were promoted illegally or irregularly.

Accordingly the writ petition is allowed with cost. It is directed that the respondents shall consider the case of the petitioner for promotion to the post of Lab Technician as on the date when his juniors were considered and promoted to the post of Lab Technician. The petitioner shall be entitled to consequential reliefs flowing from this order. Cost to be quantified as Rs. 10,000/- payable within four weeks.