NEETA KOHLI Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) In this writ petition the petitioner has sought for a writ in the nature of mandamus directing the respondents to treat the petitioner as a regular confirmed employee of respondent No.2 and to be in continuous employment since 6.7.1993. The petitioner was appointed as a Librarian by respondents 2 & 3 in the pay scale of Rs.1200- 2040. The said appointment of the petitioner was purely on a temporary basis and was for a fixed period which came to be extended from lime to time. The last appointment of the petitioner was issued on 6.7.1995. The said appointment letter stated that the petitioner was offered an appointment as Librarian on temporary basis for a period upto 14.5.1996 in the pay scale of Rs.l200-2040. The petitioner submitted representations to respondents No. 1 & 2 on various occasions requesting them to regularise her services as Librarian in the school, since she was working as Librarian in the said school continuously from 6.7.1993. However since the respondents No.2 and 3 not only took no steps to regularise the services of the petitioners but also they were getting an advertisement issued for the appointment of a Librarian in the school, this writ petition has been preferred.

(2.) Learned counsel appearing for the petitioner stales before me that in view of the continuous uninterrupted service of the petitioner as a Librarian in the school w.e.f, 6.7.1993 the petitioner is required to be regularised in the said post in view of several decisions of the Supreme Court in that respect.

(3.) I have heard the learned counsel appearing for the respondents also who submits before me that the qualification required for appointment to the post of Librarian is a graduate with a diploma in Library Science and that the petitioner does not possess the said qualification. In this connection the learned counsel for the respondent has drawn my attention to an advertisement of the School for filling up the post of Librarian in the School in the pay scale of Rs.l200-2040 wherein the qualification laid down was diploma in Library Science. It is further stated that while according permission in the school to have classes upto 8th the Directorate of Education has obtained an undertaking from the school authority to appoint a fully qualified Librarian on permanent basis w.c.f. 1.7.1996 and that in view of the aforesaid position it has become necessary for the school authorities to advertise for the post of Librarian once again, for which the minimum qualification is a graduate with diploma in Library Science. Learned counsel also states that since earlier no qualified Librarian was available the petitioner was appointed purely on temporary basis and the said appointment was extended from time to time for a stipulated period.