LAWS(MEGH)-2013-7-16

MAKHAN SINGH Vs. UNION OF INDIA

Decided On July 08, 2013
MAKHAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The brief fact of the case is that, the writ petitioner namely; Shri. Makhan Singh joined service on 12.02.1992 as permanent employee in the post of Insect Setter in the office of the Zoological Survey of India. Thereafter, some other incumbents namely; Shri. P.C. Saha and Shri. Debasis Das Joined their services on 30.11.1993 and 23.04.1995 respectively. Subsequently, when the time came for consideration of promotion, the petitioner was superseded by his juniors i.e. Shri. P.C. Saha and Shri. Debasis Das on the ground that he was not having requisite qualification i.e. Matriculation Certificate. Being aggrieved, the petitioner approached this Court by way of this instant writ petition.

(2.) Mr. BK Das, the learned counsel appearing for on behalf of the petitioner submits that, Shri. Makhan Singh has not only passed Matriculation but also passed P.U.C. Examination i.e. Class-XII Examination and brought to my notice Annexure-2 and Annexure-8, wherein it appears that, he has passed the Central Board of Secondary Education as compartment candidate. Thereafter, he further pursued his studies and passed the Senior Secondary School Certificate from National Open School, New Delhi which is at Annexure-8 of the petition.

(3.) Mr. R Debnath, the learned CGC produced office records and submitted that at the time of appointment, the qualification of the petitioner has been recorded as S.S. Examination. He further submitted that, it is the duty of the petitioner to disclose all of his educational qualifications which he has subsequently obtained or secured.