BAIDYA NATH RAI Vs. REGISTRAR KANPUR UNIVERSITY

JUDGEMENT

(1.) THE short controversy raised in this petition is whether the petitioner's continuance as class III employee with the respondents is proper and whether in the absence of having passed the High School examination, he could be promoted as class III employee.

(2.) THE petitioner's case is that he has done M. A. previous in Sociology. He was initially appointed as class IV employee in the grade of Rs. 55-75, which appointment continued upto 2-3-1972. On a clear vacancy caused by promotion of one of the employees, the petitioner continued to hold the post of class IV employee and his appointment as such was extended from time to time. After completing two years service coutinuously the petitioner was appointed on regular basis in clear vacancy as class IV employee on 1-9-1973. He was promoted along with others to the post of routine grade clerk on 12-10-1973. THE petitioner is said to have been asked to produce the High School certificate and mark sheet. THE petitioner is said to have produced the original mark sheets of Prathma and Madhyama. THE petitioner was promoted to the post of Junior Assistant on 20-8-1986 with effect from 16-5-1985 retrospectively. THE petitioner could not produce the High School certificate. He informed the University that he has already submitted the certificates of Prathma and Madhyama, which were received by the University, therefore, he could not produce the High School certificate. THE petitioner is said to have produced the High School certificate. THE petitioner is said to have produced the certificates of B. A. Part I and B. A. II as also the M. A. Previous certificate. For non-production of High School Certificate the petitioner came to be suspended on 31-1-1988.

(3.) IT is the case of the respondents that the petitioner's Intermediate examination has been declared to be invalid by the Board of High School and Intermediate Education and consequently the B. A. (Pre), B. A. (Final) and M- A. (Pre) certificates will have no value.