S. JOHN BUNYAN Vs. THE SUPERINTENDING ENGINEER, OPERATION, RURAL CIRCLE, A.P. STATE ELECTRICITY BOARD, HYDERABAD

JUDGEMENT

(1.) This writ petition is filed to issue a writ of Mandamus declaring that the petitioner is entitled for being promoted as Upper Division Clerk with effect from the date his juniors have been promoted. His case is that in the seniority list of L.D.Cs dated 8.4.1985 he was shown at Serial No. 64 whereas the persons who were appointed as U.D.Cs were shown at SI. Nos. 71, 74, 78, 103, 128, 138, 167, 171 and 176 by the proceedings of the Board dated 28.10.1987 but the petitioner's case was not considered as he has not passed the Local Fund Audit Departmental Test Paper IV. His case is that he has produced the Hall Ticket and Marks Memo issued in respect of the said examination. He submits that on the basis of the hall ticket and the marks memo, he should be deemed to have acquired the necessary qualification and his claims for promotion have to be considered from the date his juniors were promoted.

(2.) Admittedly, the petitioner has not produced the pass certificate with regard to the qualifications for the purpose of promotion before the Committee on 26.10.1987. It is well-settled that unless and until the pass certificate is produced, it cannot be presumed that he is successful at the said examination even if he obtained the marks memo earlier. Even the memo of marks sent by the Public Service Commission contains a note which reads as follows:

(3.) The endorsement made clearly shows that he does not acquire any right till the publication of the results in the Gazette or in any other appropriate form. Admittedly, in this case, no publication has been made by the time the Committee met. It is well settled that if the results have been announced and if the candidate passed his examination, it will date back to the date of the last examination. If by the date fixed by the Committee the petitioner has not produced the pass certificate, the authorities are entitled to consider the other persons eligible for promotion. There is nothing wrong in not considering the case of the petitioner as on that date he has not produced any Certificate and no results have been published in the Gazette. The petitioner cannot ask for any benefit on the basis of the memo of marks. The authorities are directed to consider the case of the petitioner after the results have been published, if the petitioner is able to produce the pass certificate.