HAR PRASAD HANSRAJ Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 15.04.1997 (Annexure A/11) and order dated 20.12.1996 (annexure P/8) whereby the petitioner has not been considered for promotion to the post of Laboratory (for short 'Lab') Technician from the post of Lab Attendant on the ground that the petitioner has passed 12th examination certificate with agriculture subject.

(2.) THE facts, in brief are that the petitioner was appointed as Lab Attendant on 16.11.1984 (Annexure A/3). The petitioner became eligible for consideration for promotion to the post of Lab Technician after having completed 9 year of service. However juniors to the petitioners were promoted to the post of Lab technician vide order dated 20.12.1996 (Annexure A/8) but the petitioner was not considered for promotion on the ground that the petitioner has obtained class 12th examination certificate with agriculture and the same was communicated to the petitioner on 15.04.1997 (Annexure A/11).

(3.) LEARNED counsel appearing for the petitioner submits that the rules regarding appointment and promotion relating to class HI employees of the college viz. Madhya Pradesh Tritiya varg Sewa (Mahavidyalayin Shakha) Bharti Tatha padonnati Niyam 1974 (for short rule 1974) have been amended under proviso to Article 309 of the constitution of India by notification dated 19.08.1991 (Annexure A/5) wherein it has been made clear that for promotion form the post of Lab Attendant to Lab Technician the candidate should have higher secondary school examination certificate or under 10+2 scheme should be class 12th passed (Annexure A/1) To demonstrate that the petitioner has passed Higher secondary school certificate examination conducted by the Board of secondary education Bhopal with Physics Chemistry and Biology as subject the petitioner has filed the copy of Higher secondary school examination certificate (Annexure A/1). Thereafter the petitioner has passed 12th examination wherein the petitioner has preferred various subject of agriculture.