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1999 Supreme(All) 1206
IN THE HIGH COURT OF ALLAHABAD
S. Harkauli, J.
MAHABEER PRASAD, CHUKIDAR, SARDAR BALLABH BHAI JUNIOR HIGH SCHOOL - Appellant
Versus
DISTRICT BASIC EDUCATION OFFICER - Respondents
Civil Misc. Writ Petition 35109 Of 1999
Decided On : 08/18/1999
Pradeep Verma
Discrepancies in the application of minimum educational qualification and typing speed criteria for promotion led to the quashing of the impugned order and a direction for reconsideration.
Headnote:
Educational Qualification - Promotion Dispute - The court quashed the order refusing approval for the petitioner's promotion from class IV to class III post due to discrepancies in the minimum educational qualification requirement and the typing speed criteria. The respondent was directed to reconsider the matter and provide a detailed order with the basis of their findings.
Fact of the Case:
The respondent refused to approve the petitioner's promotion from class IV to class III post citing lack of minimum educational qualification and required typing speed in Hindi.
Finding of the Court:
The court quashed the impugned order and directed the respondent to reconsider the matter by providing a detailed order with the basis of their findings.
Issues: Discrepancies in minimum educational qualification requirement and typing speed criteria for promotion.
Ratio Decidendi: The court found discrepancies in the minimum educational qualification requirement and the typing speed criteria, leading to the quashing of the impugned order and a direction for reconsideration.
Final Decision: The petition succeeded, and the impugned order was quashed, with the respondent directed to reconsider the matter.
( 1 ) HEARD learned Counsel for the petitioner and learned Counsel appearing for respondent No. 1. also.
( 2 ) BY the impugned order dated 17-6-1999, the respondent No. 1 has refused the give approval to the promotion of the petitioner from class IV post to class III post. In clause No. 4 of the order dated 17-6-1999, the respondent No. 1 has observed that the petitioner does not possess a minimum educational qualification of Intermediate, which is prescribed qualification for class III post. As against this, the petitioner has filed Annexure-15, copy of the clarification of the directorate of Education regarding Chapter III, Regulation 2, in which it has been stated that minimum qualification for promotion for class IV post to Class III post, is High School. Because of this the second part of the order of respondent No. 1 which states that the petitioner does not have the required typing speed in Hindi of 30 words per minute, also becomes doubtful as the order does not state that on what basis the finding have been recorded. In the circumstances, the impugned order dated 17-6-1999 is quashed and respondent No. 1 is directed to reconsider the matter of the petitioner by passing a detailed order giving basis of his findings also.
( 3 ) IN the result, the petition succeeds and is, accordingly, allowed.
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