RAJIV KUMAR Vs. HINDU COLLEGE, AMRITSAR AND ANOTHER

JUDGEMENT

(1.) In this Letters Patent Appeal, the appellant questions the judgment of the learned Single Judge rendered on 4.12.2008 dismissing his writ petition which he had filed to challenge the order of termination of his services as a Lecturer in Computer Science, which termination had been ordered by his employer (Hindu College, Amritsar) on the ground that the appellant did not possess the necessary qualification of passing a U.G.C. Test as prescribed by them in the appointment letter.

(2.) The grievance of the petitioner in the writ petition was that he was offered employment and a condition was prescribed in the appointment letter requiring the petitioner to pass a U.G.C. Test which condition was never imposed in the advertisement and was also not a condition precedent as per the requirements of the employment and therefore, the insistence on this condition was unwarranted and consequently, the termination based on such an insistence was bad.

(3.) The learned Single Judge took the view that the employer was very well within its rights to prescribe the higher qualification than the minimum eligibility qualification.