MUNNA LAL YADAV Vs. HARI SINGH GOUR

JUDGEMENT

(1.) THE petitioner, Munnalal Yadav, has challenged the order of the respondents dated 7-9-1993, by which the promotion granted to the petitioner from the post of Lab. Attendant to the post of Lab. Technician/store Keeper, Gr. II has been cancelled on the ground that the impugned order is in complete violation of the principles of natural justice and fair play as it has been passed without assigning any reason or giving any opportunity of hearing to the petitioner by way of a show-cause notice and hearing.

(2.) THE respondents have filed a reply to the application for grant of ad-interim writ filed by the petitioner and has submitted that the State Government had evolved a policy for the purposes of filling up the posts of Lab. Technician as no statutory rules or provisions existed in this regard. As per the policy 50% of the posts of Lab. Technician could be filled up by promotion from amongst those Lab. Attendants who had passed Higher Secondary Examination with Science subjects. This policy was adopted by the Executive Council of the respondent University. A copy of the policy decision of the State Government dated 23-9-1988 and the resolution of the respondent University has been filed by them as Annexures R-1 and R-2. As per the resolution of the respondent University an in house call letter was issued by the respondents on 7-4-1992 calling for applications from such Lab. Attendants who had passed Higher Secondary School examination in Science subjects and had five years regular service for promotion on the post of Lab. Technician. The petitioner alongwith others filed applications and vide order dated 10-5-1993 the petitioner was granted ad hoc and temporary promotion until further orders on the post of Lab. Technician. Subsequently on scrutiny it was found that the petitioner did not possess the minimum requisite qualification, i. e. , Higher Secondary in Science subjects and therefore, vide the impugned order dated 7-9-93 the promotion was cancelled and the petitioner was directed to work on his original post of Lab. Attendant. The learned Counsel for the petitioner has assailed the impugned order on the sole ground of violation of the principles of natural justice as no show-cause notice or opportunity of hearing was granted to the petitioner before cancelling his order of promotion.

(3.) IT is put forth by the learned Senior Counsel appearing for the respondents that the promotion granted to the petitioner was contrary to the rules as he did not possess the requisite qualification and that is why it has been cancelled. Under the circumstances, the principles of natural justice are not attracted and the question of giving any show-cause notice also does not arise as per the useless formality theory, as admittedly the petitioner does not possess the minimum requisite qualification.