Research › Search › Judgment

Allahabad High Court · body

2000 DIGILAW 464 (ALL)

NARENDRA SINGH v. LUCKNOW UNIVERSITY, LUCKNOW

2000-03-27

BHANWAR SINGH

body2000
BHANWAR SINGH, J. ( 1 ) SRI Narendra Singh has preferred this writ petition praying for a writ in the nature of ceriforari quashing the entire process of selection and appointment on the post of Lab Technician in gandhi Memorial and Associated Hospitals. K. G. Medical College. Lucknow and the advertisement issued on 2. 6. 1994 by the opposite party No. 3. The petitioner has also prayed for a writ of mandamus commanding the opposite parties to promote him on the post of Lab technician and not to make any appointment directly on the said post. ( 2 ) THE petitioners case is that the Government, vide its order dated 6. 3. 1990 had laid down certain rules for the post of Lab Technician being filled up by way of promotion. According to the said order, only the senior Lab Attendant having an experience of 10 years and holding a high School certificate was eligible to be appointed to the said post. There was no provision for direct appointment of a candidate as Lab Technician. The seniority list of the senior Lab technicians, Lab Technicians and Lab Attendants was published on 28. 4. 1993. The petitioners name figures in the said list at serial No. 2. In this way, he was fully competent and eligible to be promoted on one of the two vacant posts of Lab Technician. However, the Superintendent of gandhi Memorial and Associated Hospitals. K. G. Medical College, contrary to the qualifications as prescribed by the Government, issued an advertisement on 2. 6. 1994 inviting applications from the eligible candidates holding Intermediate (Science) certificate coupled with 7 years experience of laboratory. The petitioner protested against the advertisement but to no avail. The petitioner then submitted a representation dated 14. 7. 1994 requesting that he might be promoted on the post of Lab Technician but his representation was not decided by the opposite party No. 3. The Government has not yet changed the criteria as contained in the Government order of March 6. 1990. In this way, the proposal of the opposite parties to appoint direct recruits on the post of Lab Technician and promote attendants with a different criteria was against the Government Orders and, as such, illegal. Obviously thus, the petitioner was discriminated in the matter of his promotion as in similar circumstances, the Lab Attendants holding similar qualification and experience were promoted earlier. Obviously thus, the petitioner was discriminated in the matter of his promotion as in similar circumstances, the Lab Attendants holding similar qualification and experience were promoted earlier. ( 3 ) THE opposite party No. 3, the Superintendent of Gandhi Memorial and Associated Hospitals filed his short counter-affidavit asserting therein that out of two vacant posts, one was reserved for Scheduled Caste candidate. By means of the notice dated 2. 6. 1994, the applications were invited from the Laboratory Attendants who were serving in the hospital and who had passed intermediate examination with Science as well as who had acquired seven years experience. Thereafter, a Selection Committee was constituted and the said Committee had considered the claim of the petitioner also but he was not found suitable. The Committee recommended the name of Sri K. M. Srivastava and Sri Jagdish Prasad for being appointed as Laboratory technicians and the Registrar of the Lucknow University approved the proposals vide his letter dated 27. 6. 1994. Both the candidates Joined on 3. 8. 1994. In this way, there was nothing wrong or against the rules in having two posts of Lab Technicians being filled up. ( 4 ) IT appears that during the pendency of the petition, Sri K. M. Srivastava and Sri Jagdish Prasad, the two appointees were also arrayed as parties. Whereas Sri K. M. Srivastava preferred not to file any counter-affidavit, Sri Jagdish Prasad submitted his reply justifying his appointment by way of direct appointment as no Scheduled Caste candidate was available from amongst the Lab attendants. In para 13 of his counter-affidavit. It was asserted by him that the Government orders had rightly been ignored as they were not applicable in his case, he being a Scheduled caste appointee. Moreover, the petitioner has no concern with the post which was reserved and earmarked for the Scheduled Caste category. ( 5 ) A careful perusal of the record would reveal that the Governments policy regarding appointment of Lab Technicians is envisaged in the Government Order No. 1992 sek-14/5-504/88, dated 6. 3. 1990. It is manifestly clear on face of this Government Order that up to the date of the college being taken over by the Lucknow University, there was only one source of appointment to the post of Lab Attendant and it was by way of promotion. To have a clear concept. 3. 1990. It is manifestly clear on face of this Government Order that up to the date of the college being taken over by the Lucknow University, there was only one source of appointment to the post of Lab Attendant and it was by way of promotion. To have a clear concept. It appears to be relevant to quote the Order as below :. . (VERNACULAR MATTER OMMITED ). . ( 6 ) THE eligibility criteria as envisaged above was that a Lab Attendant should hold a High School certificate and apart from that he must also have acquired 10 years experience. This criteria comprising a qualification of having a High School certificate and 10 years experience has not, till date, been changed by the Government. Learned counsel appearing on behalf of opposite party No, 3 endeavoured to mislead this Court by making a statement that the aforesaid criteria has been modified. Not an iota of evidence in support of the said contention was brought on record. As against the aforesaid Government Order, the Chief Medical Superintendent issued an advertisement, a copy of which is Annexure-5 on record postulating therein that the two vacant posts of Lab Technicians would be filled up by way of promotion from amongst those Lab attendants who held the qualification of Intermediate coupled with seven years experience. Dr. Gurmeet Singh admitted in para 2 of his counter-affidavit that the applications vide notice dated 2. 6. 1994 (the same as referred to above) were invited from the Laboratory Attendants who were working in the college and who had passed Intermediate Examination with Science as well as completed seven years service as Technician in a Laboratory. However, he failed to disclose the authority on the strength of which the eligibility criteria prescribed by the Government vide government Order, Annexure-1, was deviated from. Dr. Gurmeet Singh made an effort to mislead the Court by stating in para 4 of his counter-affidavit that the Selection Committee constituted for selection of Lab Technicians had considered the candidature of the petitioner but found him unsuitable. This averment is fallacious for the simple reason that the petitioner holding merely a High School certificate would have barely been eligible to submit his application. This averment is fallacious for the simple reason that the petitioner holding merely a High School certificate would have barely been eligible to submit his application. It is strange how the petitioner would have appeared in the selection process when he did not fulfil the minimum qualification of holding an Intermediate certificate as prescribed in the notification dated 2. 6. 1994 (Annexure-5 to the petition ). The statement of Dr. Gurmeet Singh under these circumstances appears to be nothing but an eye-wash. Obviously thus, the assertions made by Dr. Gurmeet Singh were wrong, mischievously misleading and absolutely contrary to the Government Order, Annexure-1. His demeanour in putting through his counsel argument to the effect that the qualification criteria prescribed by the Government has been changed deserves to be censured. Two conflicting qualifications--one prescribed by the Government by issuing an order, Annexure-1 and the other fixed by the Chief Medical Superintendent clearly depict a sorry state of affairs and an inference can be drawn in such a contradictory circumstance that the Chief medical Superintendent who signed and issued the notice/notification as laid in Annexure-5 by modifying the eligibility criteria did so to suite his own interest of nepotism. It appears that he did not even brother to make a move to the Government or the competent authority of the college or the university to alter and modify the eligibility norms settled by the Government. No plausible explanation has been offered on behalf of the opposite party No. 3 for taking a decision in conflict with the Government Order. Obviously thus, it was unfair, unreasonable and arbitrary decision of the Chief Medical Superindendent to modify the criteria of minimum educational qualification andthe experience. More so, he asserted his authority over and above the government and without obtaining prior permission passed a dictatorial order of reducing experience from 10 years to 7 years. The policy decisions are taken by the Government after due deliberations over the pros and cons of the issue involved and before taking a decision, the concerned authorities are also consulted. In this case also, the Governments decision of giving recognition to good work, efficiency, seniority and devotion of the Lab Attendants who have put in 10 years of training in a laboratory was based on an idea of giving incentive to the class-IV attendants and such an incentive is considered to be oriented of promotional augmentation. In this case also, the Governments decision of giving recognition to good work, efficiency, seniority and devotion of the Lab Attendants who have put in 10 years of training in a laboratory was based on an idea of giving incentive to the class-IV attendants and such an incentive is considered to be oriented of promotional augmentation. However, the Governments policy stood shattered into pieces on the face of the Chief Medical superintendents notice dated 2. 6. 1994 by which the area of the eligible candidates was narrowed down. The copy of the said notice is Annexure-5 on record. The Chief Medical Superintendent on his own ignoring the Government Order reduced the experience from 10 years to 7 years and prescribed the educational qualification to be Intermediate (Science) instead of High Schools. No reason was disclosed as to how he was authorised to deviate from the norms fixed by the government; Only one presumption under the circumstances can be drawn and it is that the chief Medical Superintendent wanted to Indulge in nepotism by giving promotion to the persons of his choice and this is established from the promotion of Sri K. M. Srivastava who on the date of notice being issued had not completed 10 years experience. The other facet of the arbitrary order regarding reduction in the length of experience was that the Chief Medical Superintendent wanted to sideline the experienced persons like the petitioner. In this way, the notice dated 2. 6. 1994, issued by the Chief Medical Superintendent was unjust, unreasonable and illegal it being contrary to the Government Order of March 6. 1990 (Annexure-1 ). ( 7 ) IN view of the discussions held above, the notice dated 2. 6. 1994 and the selection made in pursuance thereof deserves to be quashed. ( 8 ) SO far as the appointment of Sri Jagdish Prasad, a reserve candidate is concerned. It is also not in consonance with the Government Order (Annexure-1) as he was appointed on a post which existed from before the college being taken over by the Lucknow University. 1994 and the selection made in pursuance thereof deserves to be quashed. ( 8 ) SO far as the appointment of Sri Jagdish Prasad, a reserve candidate is concerned. It is also not in consonance with the Government Order (Annexure-1) as he was appointed on a post which existed from before the college being taken over by the Lucknow University. Moreover, a candidate belonging to reserve category from amongst the Lab Attendants fulfilling the qualification and experience as prescribed by the Government in Annexure-1 should have been promoted instead of making a direct recruitment which was not in consonance with the instructions of the Government Direct recruitment in pursuance of the Government Order of march 20, 1990 could be made only on the posts which were created after issuance of the said order. The order of March 20, 1990 was a self-conflicting order issued in an arbitrary manner. On the one hand, the said Government Order instructed the Director of Medical Health and education to ensure filling up of the posts of Lab Technicians by promoting the Lab Attendants. On the other hand. It also directed to make direct recruitment against the posts which could not have either been filled up by way of promotion or which were available thereafter. What is relevant to note further is that no guidelines were laid down for direct recruitment rather a confusion was created by mentioning that only the posts, available thereafter, would be filled up by direct recruitment in accordance with rules. Whether such posts were to be made available by newly created and sanctioned posts had not been clarified. And if the left over vacancies were to be filled up by direct method of recruitment, then why the incentive of promotion which was available to the Lab Attendants for over a long drawn period of decade was dispensed with to the detriment of the Lab Attendants who worked hard with some expectation on the basis of the settled norms to get their lot ameliorated by way of their promotion. This Government Order too, therefore, deserves to be quashed. ( 9 ) ACCORDINGLY, the notice/ notification dated 2. 6. 1994, issued by the Chief Medical superintendent (Annexure-5) and the Government Order dated 20. 3. This Government Order too, therefore, deserves to be quashed. ( 9 ) ACCORDINGLY, the notice/ notification dated 2. 6. 1994, issued by the Chief Medical superintendent (Annexure-5) and the Government Order dated 20. 3. 1990 (Annexure-2) being unjust, unreasonable and contrary to the settled norms of promotion as laid in Annexure-1 are hereby quashed and resultantly the promotion and appointment of the opposite parties 5 and 6 being illegal are also quashed. A writ of certiorari is issued to this effect. ( 10 ) FURTHER, a writ of mandamus is issued commanding the opposite parties 1 to 3 to promote the petitioner who was the seniormost eligible Lab Attendant to the post of Lab Technician. ( 11 ) THE petitioner will be entitled to claim Rs. 5000 as costs and since the Chief Medical superintendent acted in an illegal manner, he will personally be held responsible for payment of the cost. As the name of the then Chief Medical Superintendent who issued the notification (Annexure-5) is not decipherable from the record, the opposite party No. 2 shall identify him and fix the responsibility. .