LAWS(ALL)-2000-3-66

NARENDRA SINGH Vs. LUCKNOW UNIVERSITY LUCKNOW

Decided On March 27, 2000
NARENDRA SINGH Appellant
V/S
LUCKNOW UNIVERSITY, LUCKNOW Respondents

JUDGEMENT

(1.) Sri Narendra Singh has preferred this writ petition praying for a writ in the nature of ceriforari quashing the entire process of selection and appointment on the post of Lab Technician in Gandhi Memorial and Associated Hospitals. K.G. Medical College. Lucknow and the advertisement issued on 2.6.1994 by the opposite party No. 3. The petitioner has also prayed for a writ of mandamus commanding the opposite parties to promote him on the post of Lab Technician and not to make any appointment directly on the said post.

(2.) The petitioner's case is that the Government, vide its order dated 6.3.1990 had laid down certain rules for the post of Lab Technician being filled up by way of promotion. According to the said order, only the senior Lab Attendant having an experience of 10 years and holding a High School certificate was eligible to be appointed to the said post. There was no provision for direct appointment of a candidate as Lab Technician. The seniority list of the senior Lab Technicians, Lab Technicians and Lab Attendants was published on 28.4.1993. The petitioner's name figures in the said list at serial No. 2. In this way, he was fully competent and eligible to be promoted on one of the two vacant posts of Lab Technician. However, the Superintendent of Gandhi Memorial and Associated Hospitals. K. G. Medical College, contrary to the qualifications as prescribed by the Government, issued an advertisement on 2.6.1994 inviting applications from the eligible candidates holding Intermediate (Science) certificate coupled with 7 years experience of laboratory. The petitioner protested against the advertisement but to no avail. The petitioner then submitted a representation dated 14.7.1994 requesting that he might be promoted on the post of Lab Technician but his representation was not decided by the opposite party No. 3. The Government has not yet changed the criteria as contained in the Government Order of March 6. 1990. In this way, the proposal of the opposite parties to appoint direct recruits on the post of Lab Technician and promote attendants with a different criteria was against the Government Orders and, as such, illegal. Obviously thus, the petitioner was discriminated in the matter of his promotion as in similar circumstances, the Lab Attendants holding similar qualification and experience were promoted earlier.

(3.) The opposite party No. 3, the Superintendent of Gandhi Memorial and Associated Hospitals filed his short counter-affidavit asserting therein that out of two vacant posts, one was reserved for Scheduled Caste candidate. By means of the notice dated 2.6.1994, the applications were invited from the Laboratory Attendants who were serving in the hospital and who had passed Intermediate examination with Science as well as who had acquired seven years experience. Thereafter, a Selection Committee was constituted and the said Committee had considered the claim of the petitioner also but he was not found suitable. The Committee recommended the name of Sri K.M. Srivastava and Sri Jagdish Prasad for being appointed as Laboratory Technicians and the Registrar of the Lucknow University approved the proposals vide his letter dated 27.6.1994. Both the candidates Joined on 3.8.1994. In this way, there was nothing wrong or against the rules in having two posts of Lab Technicians being filled up.