$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5785/2017 PRADEEP KUMAR .....Petitioner Through: Mr. Shanker Raju and Mr. Nilansh Gaur, Advocates.

versus INSTITUTE OF ECONOMIC GROWTH & ANR .....Respondents Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Mokesh Pandey, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 20.02.2026

1. The petition primarily challenges the Office Order dated 6^th May, 2016, by which the Petitioner’s services, as a probationer in the post of Library Attendant (later redesignated as Multi-Tasking Staff) in the Respondent Institute, were terminated on the ground that he did not possess a valid certificate of the essential qualification in Library Science. The Petitioner, inter alia, also assails the subsequent communication dated 5^th July, 2016, rejecting his representation and affirming the termination.

Facts

2. The Respondent Institute issued an advertisement dated 6^th November, 2013 for the post of Library Attendant, including one post on regular basis and another on ad hoc basis. The essential qualifications, as set out on the Institute’s website, included: (i) Secondary School Certificate (10^th Standard); (ii) Certificate in Library Sciences/Library Information Science; and (iii) Six months’ basic course in Computer Applications.

3. On 25^th November, 2013, the Petitioner applied for the post. Along with his application, he enclosed copies of mark statements/certificates issued by Eastern Institute for Integrated Learning in Management University, Sikkim (“EIILM”), including for a Diploma in Library Science (January, 2011 to December, 2011) and for Bachelor of Commerce for the first and second years for the sessions July, 2010 to June, 2012.

4. The Petitioner was issued an appointment letter dated 5^th August, 2014. He joined on 8^th August, 2014. The appointment letter recorded that he would be on “probation for a period of one year, extendable by a further period of one year at the discretion of the Institute”. It also recorded that the appointment was terminable by three months’ notice from either side, with a power in the Director to waive notice in special cases. The letter of appointment, reads as follows:

“August 5, 2014 Sub: Appointment for the post Library Attendant Dear Mr. Pradeep Kumar, With reference to your application and subsequent test, and interview held on August 4, 2014 for the post of Library Attendant, I am writing to inform that you have been selected for appointment to the post of Library Attendant in the scale of pay of Rs.5200-20200 GP:1800 plus usual allowances admissible from time to time at the Institute. The other terms and conditions of your appointment are as under: -

1. You will be on probation for a period of one year, extendable by a further period of one year at the discretion of the Institute, from the date of your joining the post.

2. You will be required to undertake such work as may be assigned by the Institute from time to time.

3. You will not be allowed to engage yourself directly or indirectly in any trade, business or profession, which carries any kind of remuneration, without Director’s permission.

4. As regards working hours, leave rules and other conditions of service, you will be governed by the Terms and Conditions of Service, Rule 1979 of the Institute and amendments as be in force from time to time.

5. Your appointment is terminable by three month’s notice from either side. The notice period can be waived by the Director in special cases.

6. You are required to furnish attested copies of your certificates of education along with mark-sheets starting from High School/Higher Secondary before or at the time of joining the Institute.

7. You are required to produce medical fitness certificate at the time of joining the Institute from the Medical Officer on the approved panel of IEC.

8. The appointment of a candidate belonging to SC/ST/OBC is provisional till such time the claim is verified from the appropriate authority. In case the claim i