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Allahabad High Court · body

2008 DIGILAW 1976 (ALL)

SIYA RAM v. DISTRICT MAGISTRATE/COLLECTOR, AGRA

2008-09-17

PANKAJ MITHAL, V.M.SAHAI

body2008
JUDGMENT By the Court.—The petitioners writ petition has been dismissed by the learned Single Judge vide judgment and order dated 11.8.2008. Therefore, he has come up in this special appeal. 2. The petitioner was given compassionate appointment as a Class-IV employee in the Collectorate of Agra and was confirmed. He was promoted within 50% promotion quota on Class-III post. However, his promotion was cancelled by the order dated 6.6.1995 which was impugned in the writ petition. 3. We have heard Sri C.B. Yadav, learned counsel for the appellant and the learned Standing Counsel for the respondents. 4. It has been argued that the promotion of the appellant was not liable to be cancelled as he is duly qualified and eligible to hold the promotional post. 5. Learned counsel for the appellant has relied on the certificate of Madhyama issued by the Hindi Sahitya Sammelan Allahabad of the year 1989, which according to him is equivalent to High School. The U.P. District Offices (Collectorates) Ministerial Service Rules, 1980 by Rule 5 provides appointment on Class-III posts by direct recruitment and by promotion of Group `D employees in accordance with the provisions of the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 as amended from time to time. The aforesaid Rules of 1975 by Rule 7 provides that recruitment to Class-III posts to the extent of 10% of the vacancy shall be made by promotion from amongst class IV employees who have passed High School. The said rule nowhere provides that for the purposes of promotion any equivalent qualification is also admissible or acceptable. Admittedly, the petitioner is not having a certificate of High School pass and, therefore, in our opinion, the equivalent certificate of Madhyama issued to him by the Hindi Sahitya Sammelan Allahabad would not be of any use or benefit so as to make him eligible for promotion. 6. It may also be noted that in Rule 12 of the aforesaid 1975 Rules it has been provided that for recruitment on Class-III posts a candidate must possess certificate of Intermediate pass from the U.P. High School and Intermediate Education Board or an equivalent qualification. However, no such equivalent qualification has been prescribed for the purposes of promotion under Rule 7 of the aforesaid 1975 Rules. Thus, this departure has purposely been made and for the purposes of promotion no qualification equivalent to High School is acceptable. However, no such equivalent qualification has been prescribed for the purposes of promotion under Rule 7 of the aforesaid 1975 Rules. Thus, this departure has purposely been made and for the purposes of promotion no qualification equivalent to High School is acceptable. The petitioner who is not having certificate of High School pass could not have been promoted as a Class III employee and if any such promotion was granted to him the same was de hors the Rules and has rightly been cancelled. 7. In view of the aforesaid facts and circumstances, we are of the opinion that the learned Single Judge has rightly dismissed the petitioners writ petition holding that he is not eligible for promotion and, therefore, the order impugned does not suffer from any infirmity. 8. Accordingly, the appeal has no merits and is dismissed. ————