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1988 Supreme(All) 1090

B. L YADAV, R. M. SAHAI
P. K. Agrawal – Appellant
Versus
Hon'ble the Chief Justice, High Court of Judicature at Allahabad – Respondent


Advocates appeared:
Ravi Kant, Advocate, for the petitioner; Standing Counsel, for the Respondent

JUDGMENT

R. M. Sahai, J.:- I agree with brother Yadav. J. that the petition should be dismissed. But I would like to add few words.

2. Vacancy for the post of Assistant Librarian arose in 1983. For it applications were invited from officials working in establishment of the Court. Since none of the applicants possessed degree in Library Science one of the necessary qualifications for the post the Chief Justice on recommendation of Office directed that persons holding diploma in Library Science may be considered provided they fulfilled other requirements. Thereafter the applications were examined by the Chairman of the Library Committee and he recommended that the opposite party be appointed as he was better qualified and eminently suitable. His recommendation was accepted by the Chief Justice.

3. From Government order d t. 24th Nov., 1982 by which this post was created it is clear that an incumbent was required to have.

(i) Degree in Law,

(ii) Degree in Library Science,

(iii) Experience of two years. Whether the Chief Justice could have granted relaxation or not but the grievance cannot be made by petitioner. He too did not hold a degree in Library Science. He became eligible only due

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