Research › Browse › Judgment

Allahabad High Court · body

1982 DIGILAW 948 (ALL)

Ashok Kumar Srivastava v. Narendra Dev Universily of Agriculture and Technology, Faizabad

1982-08-17

M.M.HUSAIN, MAHAVIR SINGH

body1982
JUDGMENT Mahavir Singh, J. - The petitioner has filed this writ petition under Article 226 of the Constitution praying for an order in the nature of certiorari or quo warranto to quash the appointment order of opposite party No. 6 for the post of Stores Superintendent, Narendra Dev University of Agriculture and Technology, Faizabad contained in Annexure-2. He has also prayed for certain other pleas which we shall deal later on. 2. The relevant facts are that an advertisement was issued by opposite party No. 3 (Administrative Officer) for appointment of various posts including that of Stores Superintendent in the pay scale of Rs. 300-700. The essential qualification for the said post was at least graduate with three years' experience in purchase organisation or Government /Semi Government Institution on a responsible position and having thorough knowledge of store purchase procedure and accounts rules. 3. The petitioner and opposite party No. (i both applied for the above-mentioned post. The opposite party No. 6 was selected by the selection committee and w a duly appointed as Stores Superintendent by the University. 4. The petitioner contends that the opposite party No. 6 did not possess the requisite qualifications for the post of Stores Superintendent and, therefore, his appointment was liable to be quashed. 5. The opposite party No. 6 and the University have opposed this petition. They have contended that opposite party No. 6 possessed the necessary qualifications and his appointment was duly made. 6. The qualifications of opposite party No. 6 as given in para 6 of the writ petition and which are relevant for this purpose and are not disputed are given as under : 1 Educational qualification : B. A. 2. Experience : (1) Accounts clerk in Regional Accounts Office Faizabad from 19-5-75 to 4-7-77. (2) Assistant Chief Revenue Accountant Mn the pay scale of Rs. 200-320) in Cor rectorate, Faizabad from 1-10-77 till up-to-date. 7. So far as the academic qualifications art concerned, the opposite party No. 6 fultils the said qualification but it is the experience that he lacks. According to the advertisement he is required to have minimum three years experience in the purchase organisation of Government or Semi-Government institution. The second post is not in any stores purchase organisation. It is simply of account section. According to the advertisement he is required to have minimum three years experience in the purchase organisation of Government or Semi-Government institution. The second post is not in any stores purchase organisation. It is simply of account section. It is only in the first post that opposite party No. 6 may be said to have some experience of purchase organisation. Though this loo is denied that this posting had anything to do with stores purchase Section but assuming that it was so, the period of such experience was not enough. The opposite party No. 6 served here for two years and two months while the requirement was of three years' experience. The opposite party No. 6 therefore did not fulfil the qualification required by the advertisement for the said post. He was, therefore, not eligible for selection for the post of Stores Superintendent. 8. Learned counsel for the opposite party No. 6 and the University contend that in any case opposite party No. 6 has been working in this post for more than two years and therefore he has completed the essential qualifications of three years' experience, but this experience he has got after the writ petition has been filed. The validity of the appointment is to be seen on the dale. the petition is filed'and the subsequent experience on the post for which the' dispute has been raised by the petitioner from the very beginning is not relevant. 9. Learned counsel also contends that the post held by the opposite party No. 6 was not a public office for which a writ in the nature of quo-warranto should be issued. He contends that some big post of public nature can be called to fulfil the essential requirement of public office. We do not agree with this contention either. Narendra Dev University is an authority which comes under the definition of a Stale within the meaning of Article 12 of the Constitution and therefore all offices big or small held under this University are also public offices. 10 The petitioner has also prayed for a writ of mandamus that fresh selection be made for this post by the University according to the advertisement issued. It is, however, for the University to decide its future course. We need not advise it as to how it is to be filled. 11. 10 The petitioner has also prayed for a writ of mandamus that fresh selection be made for this post by the University according to the advertisement issued. It is, however, for the University to decide its future course. We need not advise it as to how it is to be filled. 11. The petitioner also does not press the relief for quashing his transfer order. 12. Accordingly the writ petition is allowed to this effect that the order of appointment of opposite party No. 6 to the post of Stores Superintendent is quashed. The remaining reliefs are not granted. Under the circumstances of the case parties shall bear their own costs.