BIRENDRA PRASAD VISHWAKARMA Vs. CHIEF MEDICAL OFFICER BALLIA

JUDGEMENT

(1.) IN this writ petition the prayer has been prayed to quash the order dated 31 -12 -1996 (Annexure -13).

(2.) HEARD Sri V.K. Shukla, learned Counsel for the petitioner and learned Standing Counsel for the respondents and with the consent of the parties this writ petition is decided finally at this stage.

(3.) I have gone through the contentions of the writ petition and I find that at relevant time the petitioner was only 'High School' and was not having the minimum qualification of Intermediate which he acquired later on therefore the benefit of same could not be given to him and his case could not have been considered in view of the (1994) 2 SCC 723 (U.P. Public Service Commission v. Alpana) to the post of Class -III. Therefore, I find no illegality in the order dated 31 -12 -1996 passed by Chief Medical Officer, Ballia the impugned in the writ petition, therefore, I am not inclined to invoke my jurisdiction under Article 226 of the Constitution. The writ petition is dismissed accordingly.