KASHIRAM PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner being aggrieved of order dtd. 1/2/2012, passed by the Madhya Pradesh State Agriculture Marketing Board, Bhopal (M.P.), in pursuance of the decision rendered by a Coordinate Bench of this High Court in Writ Petition No.255/2011 (S) on 10/1/2011, directing the respondents herein to consider case of the petitioner for regularisation in terms of the law laid down by the Supreme Court in Secretary, State of Karnataka and others Vs. Umadevi [(2006) 4 SCC 1].

(2.) Petitioner's contention is that petitioner's representation for regularisation has been rejected on two grounds, namely, when he was appointed as a daily wager, then at that point of time, as per the recruitment rules in vogue, educational qualification was not fulfilled by the petitioner. Similarly, at he time of his initial engagement, he was above the prescribed age limit in the said rules.

(3.) Learned counsel for the petitioner placing reliance on the judgment of Supreme Court in Bhagwati Prasad Vs. Delhi State Mineral Development Corporation [(1990) 1 SCC 361] and drawing attention of this Court to para 6 of the said judgment, submits that the ratio of law laid down in Bhagwati Prasad (supra), is that if a person was engaged as a daily rated worker and at the time of consideration of their cases for regularisation, the question relevant will be not the qualification at the stage of appointment, but the practical experience which was gained by a worker by virtue of his work. Thus, it is submitted that even if, petitioner was not qualified at the time of his initial engagement as 'Nakedar', then also he will be entitled to regularisation in terms of the law laid down by the Supreme Court in Bhagwati Prasad (supra).