ABDUL RAFIQ KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri R.K. Gupta, learned Counsel for the petitioner and Sri S.S. Sharma, learned Standing Counsel.

(2.) In this petition prayer has been made for issuance of writ of mandamus commanding the respondents to appoint the petitioner to the post of Tracer forthwith in the department of Irrigation.

(3.) According to the petitioner, petitioner is an Intermediate and holding the certificate of Draftsman (Civil) and he belongs to minority community. On the basis of certificate issued by Tehsildar, Charkhari to the effect that petitioner is a backward class person and is also physically handicapped, has obtained certificate of draftsman (Civil). After getting the certificate of draftsman (Civil) the petitioner worked from May, 1989 to September, 1989 in the office of the respondent No. 3 i.e. Executive Engineer, Irrigation Construction Division, Charkhari, Mahoba and for several other period, which has been referred in Para 5 of the writ petition, and after obtaining 'apprenticeship training' from the office of Executive Engineer, Irrigation Construction Division, Charkhari, Mahoba the petitioner is claiming appointment to the post of Tracer on the ground that he is qualified and is in possession of minimum qualification for appointment to the post and has successfully completed apprenticeship training. According to petitioner not appointing the petitioner to the post of Tracer is illegal in view of the judgment of the Supreme Court reported in (1995) 1 UPLBEC 320, U.P. State Road Transport Corporation and Anr. v. U.P. Parivahan Nigam Shishukshu Berozgar Sangh and Ors.