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SAURABH SHYAM SHAMSHERY
Dharmendra Kumar Srivastava – Appellant
Versus
District Magistrate – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. This writ petition has been filed seeking following relief:
2. This Court has passed an order on 25.07.2022 which is extracted herein-below:
Learned counsel for the petitioner has admitted that the petitioner had not passed High-School Examination and was only passed upto Class-IX. The impugned termination order has been challenged before this Court by way of filing the present writ petition. In the year 1998, interim order was passed, whereby the impugned termination order was stayed and since then, the petitioner is working, i.e. almost 25 years under the interim order. Presently, the petitioner is aged about 55 years old and age of superannuation is 60 years. During pendency of the writ petition, the petitioner has passed High-School Examination in the year 2001.
In these circumstances, considering that t
Termination of service based solely on lack of qualifications after long-term employment is arbitrary; practical experience outweighs initial educational requirements.
Regularization of services must be based on qualifications required at the time of appointment, and subsequent changes in rules cannot be applied retroactively to deny established rights.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
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