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1998 DIGILAW 842 (RAJ)

Magha Ram v. State of Rajasthan

1998-08-07

B.S.CHAUHAN

body1998
JUDGMENT 1. - The controversy in this matter lies in a very narrow compass. Petitioner seeks promotion from Class IV to Class III services. However, the respondents' case has been that he does not possess the requisite qualification. 2. The petitioner possessed the Certificate of Prathma in the year 1984 from Hindi Sahitya Sammelan, Allahabad and at that time the same had been recognised as the requisite qualification for the post of a Clerk. However, the said qualification has been de-recognised with effect from 26-8-1985. 3. There is no dispute regarding the proposition of law that a qualification, if dc-recognised subsequently, will not operate with retrospective effect, particularly when the de-recognition order does not provide for it. However, the case of the petitioner is that as he possessed the requisite qualification prior to the date of de-recognition, it has to be deemed valid and treated to be the requisite qualification for ever. In support of his submission, reliance has been palced by Mr. Vijay Mehta, learned counsel for the petitioner, on a Division Bench judgment of this Court in Hanuman Lal Harijan v. State of Rajasthan, 1997 (3) WLC 142 , wherein the Court has considered the said qualification of Prathma Examination, which' had been obtained by the petitioner in prior to the date of de-recognition, to be valid for ever. The Court has, also, dealt with various judgments of the Hon'ble Supreme Court regarding the point of ineligibility because of de-recognition of the qualification. i.e. Ashok Kumar Sharma v. Chandra Shekhar, (1997) 4 SCC 18 ; State of Rajasthan v. R. Dayal. (1997) 10 SCC 419 and also considered a Division Bench judgment of this Court in State of Rajasthan v. Shiv Karan, 1993 WLR 367 , and on the basis of which it has been held that once the petitioner possessed the requisite qualification prior to the date of de-re-cognition, it would be valid for ever and the candidate would be eligible for being considered for the post of promotion even after the date of de-recognition. The said judgment in Shiv Karan (supra) has been approved and followed by another Division Bench of this Court in Jagdish Narain v. State of Rajasthan, 1995 (2) WLC 81 . 4. However, Mr. The said judgment in Shiv Karan (supra) has been approved and followed by another Division Bench of this Court in Jagdish Narain v. State of Rajasthan, 1995 (2) WLC 81 . 4. However, Mr. P.K. Lohra, learned counsel for the respondents, has placed reliance on a Division Bench judgment of this Court in D.B. Civil Special Appeal No. 137/1996, State of Rajasthan v. Kistoor Singh, decided on 18-12-1997 , wherein a Division Bench of this Court considered all the aforesaid judgments but did not follow the earlier Division Bench judgment of this Court, particularly in the cases of Shiv Karan and Jagdish Narain (supra) as both of them were found to be running counter to the law laid down by the Hon'ble Supreme Court in Union of India v. Yogendra Singh, 1994 Suppl (2) SCC 226 wherein the Apex Court has observed as under : "No candidate who does not possess the currently prescribed qualification and he possesses the qualification prescribed earlier, can be said to be qualified or have any vested right to appointment even against some earlier unfilled vacancies. Every candidate, who aspires to fill any vacancy, must possess the educational qualification that are then prescribed." (Emphasis added). As the later Division Bench judgment of this Court in Kistoor Singh (supra) has teen delivered following the law laid down by the Hon'ble Supreme Court in Yogendra Singh (supra), the earlier judgments of the Division Benches cited by the learned counsel for the petitioner. are of Po consequence. I find no reason to take a view contrary to that taken by the Division Bench of this Court in Kistoor Singh case: 5. Thus, in view of the above, as the petitioner does not possess the requisite qualification prescribed currently, he is held not eligible for being considered for promotion. Hence the petition is dismissed. No order as to costs.Petition dismissed. *******