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2005 Supreme(All) 2363

ARUN TANDON
KUNWAR HIRESH SAXENA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Hon’ble Arun Tandon, J.—Heard Shri Ashok Khare, Senior Advocate assisted by Shri A.K.Srivastava on behalf of the petitioner. Standing Counsel on behalf of the respondents.

2. Petitioner who had to his credit a certificate of Madhyma Visharad from Hindi Sahitya Sammelan, Allahabad was offered compassionate appointment on the post of Junior Clerk due to death of his mother, during harness, in the pay scale of Rs. 950-1500 under orders of the Chief Medical Officer, Pilibhit dated 20.9.1991. The appointment so offered to the petitioner was cancelled under an order dated 9.3.1992 with the finding that in accordance with the service rules applicable, the minimum educational qualifications prescribed for the post of Junior Clerk, was intermediate examination conducted by the Madhyamic Shiksha Parishad, U.P. or any other examination declared equivalent to the same by the Governor of the State. Since the Madhyma Visharad certificate has not been so declared as equivalent, the petitioner is not possessed of the prescribed minimum qualification. This order dated 9.3.1992 has been challenged by means of this writ petition. This Court on 27.4.1992 passed an interim order in favour of th
















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