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2011 DIGILAW 734 (RAJ)

Ladu Ram v. State of Rajasthan

2011-04-08

GOVIND MATHUR

body2011
JUDGMENT 1. - By an order dated 16.4.2008, the petitioner was dismissed from services being not having requisite qualification to hold the post. Aggrieved by the same, this petition for writ is preferred. 2. In brief, facts of the case are that an appointment was given to the petitioner as Shiksha Sahayogi on 28.5.1999 by treating the qualification possessed by him i.e. "Purwa Madhyama" from Shri Brahad Gujarat Sanskrit Parishad as a qualification equivalent to Secondary School Examination. Subsequently, it was noticed that the qualification aforesaid is not equivalent to Secondary School Examination Certificate. Accordingly the order impugned dated 17.5.2008 was passed by the Chief Executive Officer-cum-District Education Officer, Department of Elementary Education, Bikaner. 3. While assailing the validity of the order aforesaid, the submission of learned counsel for the petitioner is that the Chief Executive Officer-cum-District Education Officer, Department of Elementary Education, Bikaner has not applied his independent mind while taking action against the petitioner, but has acted upon the instructions given by the Divisional Commissioner, thus, the order impugned is an outcome of mechanical exercise of powers. 4. I do not find any merit in the argument advanced. 5. True it is, in the order impugned dated 17.5.2008 a reference of the instructions given by the Divisional Commissioner is there, but that is of no consequence as the petitioner is admittedly not having the requisite qualification. During the course of arguments, this Court specifically asked learned counsel for the petitioner to satisfy the factum about equivalence of Purwa Madhyama Examination conducted by Shri Brahad Gujarat Sanskrit Parishad with Secondary School Examination conducted by the Board of Secondary Education, Rajasthan. Learned counsel for the petitioner utterly failed to satisfy that. 6. As per the document produced by learned counsel for the petitioner that is some "Anudeshika" published by Board of Secondary Education, Rajasthan the qualification of "Purwa Madhyama" obtained from Shri Brahad Gujarat Sanskrit Parishad, Ahmedabad was recognised as equivalent to Secondary / Praveshika School Examination upto the year 1978 only. 7. Admittedly, the qualification possessed by the petitioner was not equivalent to the Secondary School Examination in the year 1999 when the petitioner was employed as Shiksha Sahayogi. In view of it, the petitioner is not at all eligible to hold the post concerned. 8. The petition for writ, thus, is having no merit, the same is dismissed.Petition Dismissed. *******