LAWS(CHH)-2017-4-87

A. K. TEMBHEKAR Vs. STATE OF CHHATTISGARH

Decided On April 18, 2017
A. K. Tembhekar Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, learned Additional Advocate General and learned Counsel for the private Respondents.

(2.) The Petitioners are Training Superintendents in various Industrial Training Institutes in the State of Chhattisgarh. They pleaded that they are stagnating in that category and have attained substantial experience and expertise to be appointed to the post of Principal, Class-II, in those institutions. They point out that there are good number of vacancies available in the category of Principal, Class-II.

(3.) However, the admitted situation is that the Madhya Pradesh Industrial Training Gazetted (Service Recruitment) Rules, 1965, (hereinafter referred to as 'the Rules of 1965'), which apply for the recruitment of the category in question, prescribes that for appointment by promotion to the post of Principal, Class-II, the candidate should hold the qualification prescribed for direct recruitment. It is this prescription that is under challenge in this Writ Petition.