S.K. HARUN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the appointment of opposite party No. 5 Shri Ajit Kishore Kanungo, as Reader in English in Upendranath College, Soro. This appointment was given to Shri Kanungo vide the resolution of the Governing Body adopted in its meeting held on 28th June, 1981. The appointment was made retrospective from 7.8.1980. Subsequently, by another resolution of the Governing Body adopted on 9.10.1983, the promotion was made effective from 1.9.1977. As the petitioner himself came to be appointed subsequently to the post of Reader, the grievance also relates to his seniority vis-a-vis Shri Kanungo.

(2.) The challenge to the appointment of Shri Kanungo to the post of Reader is founded on two alleged defects : (i) the appointment of Shri Kanungo as lecturer itself with effect from 8.8.1967 was invalid as he had obtained 3rd class in Master's Degree Examination whereas the Government of Orissa vide G.O. No. 19408/E dated 6.8.1968 had fixed the minimum educational qualification for the post of Lecturer as second class Master's Degree; (ii) vide Government of Orissa letter No. 4.C. 26-C5-52304 dated 23.11.1983, the minimum qualification for the post of Reader was first class or second class Master's Degree.

(3.) From the averments made in the petition it transpires that the deficiency in the qualification of Shri Kanungo had been condoned by the authorities on 16.3.1973. It is, therefore, contended by the petitioner that Shri Kanungo's date of valid appointment as lecturer should be counted from this date, and if it is so done, he would be senior to Shri Kanungo as lecturer inasmuch as he had been appointed to that post on 21.10.1971 because of which he ought to have been appointed as Reader in the place of Shri Kanungo. In this connection Shri Palit has referred to Shitala Prasad Vs. State of U.P., AIR 1986 SC 1859 in which it was held that where an exemption is granted regarding the requirement of holding the minimum qualifications, the exemption does not operate retrospectively.