GERALD JOHN Vs. STATE

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the impugned order dated 02 -01 -1990, passed by Respondent No. 2, whereby the Petitioner's appointment as Lecturer in Commerce in C.N.I. Boys' inter College, Dehradun, is not approved. The Petitioner has further challenged the order dated 05 -02 -1990, passed by Respondent No. 2, approving the appointment of Respondent No. 4 for the said post.

(2.) HEARD learned Counsel for the parties.

(3.) NO counter affidavit appears to have been filed by the Respondents except Respondent No. 4 Ashok Kumar Sharma, whose appointment was approved by Respondent No. 2. -In the counter affidavit, the said Respondent has stated that P.C. Rawat, on whose retirement the post in question fell vacant, used to teach Shorthand and Typing apart from Commerce. Earlier Shorthand and Typing teachers used to be appointed separately, but after Government Order dated 3rd October 1974, no separate teacher for Shorthand and Typing was to be appointed in a school and the teacher of Commerce was required to teach also the Shorthand and Typing, hence the need of additional qualifications arose. According to the answering Respondent No. 4, as stated in Para 8 of the counter affidavit, the eligible candidates as per the calendar were required to possess diploma in Shorthand and Typing apart from educational qualification M.Com. The Respondent No. 4 has alleged that Petitioner's name was wrongly sent by the Management for approval to Respondent No. 2, as he was not fully qualified for the post. Defending the impugned orders, it is stated by the answering Respondent that his approval for the appointment on the post of Lecturer in Commerce is valid and in accordance with law, as he possessed all the qualifications required for the post, in Para 25 of the counter affidavit, it has been stated that the Respondent No. 4 has joined his duties as Lecturer in Commerce on 12 -02 -1990, after his name was approved by Respondent No. 2, for the appointment and working since then.