MOHAMMAD AFZAL Vs. STATE OF UP

JUDGEMENT

(1.) Before being directly recruited as a Translator-cum- Junior Clerk the appellant had the qualification of Adeeb-e-Mahir obtained from Jamia Urdu, Aligarh. After he was appointed, suddenly by the order impugned in the writ petition his service was terminated only on the ground that the appellant is not an Intermediate. In the writ petition, appellant contended that the appointment of the appellant was made pursuant to the provisions contained in the Uttar Pradesh Urdu Translator-cum-Junior Clerk Service Rules, 1994 and in terms thereof his qualification of Adeeb-e-Mahir obtained from Jamia Urdu Aligarh was sufficient for his direct appointment. By the judgment and order under appeal the writ petition of the appellant has been dismissed. Hence the appellant is before us.

(2.) While rendering the judgment and order under appeal, the learned Judge did not take notice of the provisions contained in the said Rules. The learned Judge felt that the requirement was to have at least Intermediate qualification, which the appellant did not have, and accordingly, his services could be terminated on that ground.

(3.) The said Rules have been made in exercise of powers conferred by proviso to Article 309 of the Constitution of India. Prior thereto, what was the mode, manner and method of recruitment to the posts of Translator-cum-Junior Clerk is not known, as we have not been assisted by the counsel appearing for the State in that regard. Be that as it may, on 9th September 1983 a Government Order was issued, whereby and under it was held out that His Excellency the Governor of the State of Uttar Pradesh has been pleased to grant recognition to the examination Adeeb-e-Mahir of Jamia Urdu Aligarh for the purpose of appointment on posts, by direct recruitment, for which knowledge of Urdu at Intermediate level is necessary.