HANUMAN SINGH KUSHWAHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) WRIT petitioner-appellant aggrieved by an order dated 9.1.2004 passed by a learned Single Judge in WRIT Petition No.48666 of 2002 has preferred this appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules. The short facts giving rise to the present appeal are that the appellant filed a writ petition, inter alia, praying to grant him promotion to the post of Assistant Chemist. According to him, although he was recruited as a Khalasi in the Laboratory, but he has experience as Lab. Assistant and hence he is fit to be promoted as Assistant Chemist. The respondents resisted the prayer of the appellant, inter alia, contending that the post on which the appellant is claiming promotion is to be filled up by direct recruitment and further the qualification for the said post is B.Sc. in Biology. Learned Single Judge considered the matter and found that the claim of the appellant for promotion to the post of Assistant Chemist is absolutely misconceived. In this connection, the learned Judge has observed as follows:- "On the aforesaid facts obtained from the record, I find that the petitioner was appointed as Khalasi and is so placed in the gradation list published under the authority of Jal Sansthan, Varanasi on 13.12.1999. He is not entitled to promotion to the post of Assistant Chemist, which is to be filled by direct recruitment with minimum qualification as B.Sc. in Biology." Mr. P.R. Maurya, appearing on behalf of the appellant, submits that in many cases, the respondents have relaxed the minimum qualification and this is a fit case in which the appellant ought to have been promoted as Assistant Chemist after relaxing the minimum qualification. Even if we assume in favour of the appellant that the respondents can relax the minimum qualification, but this Court in exercise of writ jurisdiction could not ask the respondents to do that. There is no legal right of the appellant to seek relaxation in the minimum qualification. This Court issues mandamus when a citizen has any legal right. The appellant has no legal right for seeking relaxation in the minimum qualification. Further the post on which the appellant claims promotion is to be filled by direct recruitment. Therefore, the prayer made by the appellant seeking a direction for promotion is absolutely misconceived. Mr. Maurya then submits that in fact the qualification for promotion is I.Sc. (Biology) and in this connection he has relied upon the report of Samata Samiti. It seems that the report of the Samata Samiti is in relation to such employees, who are holding the post and the scale of pay suggested for them is the pay scale on personal basis. This cannot be said to be the qualification for appointment to the post of Assistant Chemist. We are of the opinion that the consideration of the matter by the learned Judge does not suffer from any error calling for any interference. In the result, we dismiss the appeal with cost of Rs.500/- (Rupees Five Hundred Only) to be paid by the appellant to the respondents.