SUKHWINDER SINGH Vs. BANK OF BARODA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dtd. 16/3/2015 whereby appointment letter issued to the petitioner has been cancelled.

(2.) The petitioner pursuant to advertisement dtd. 5/1/2015 applied for the post of Peon. The said advertisement was published in the newspaper dtd. 6/1/2015. The petitioner applied on compassionate ground. The maximum qualification prescribed was 10th whereas petitioner was 10+2 pass. The petitioner was issued appointment letter dtd. 9/3/2015 which on verification of documents was cancelled vide communication dtd. 16/3/2015 on the ground that he is 10+2 pass whereas maximum qualification for the post of Peon is 10th pass.

(3.) Learned counsel for the petitioner relying upon judgment of Supreme Court in Mohd. Raizul Usman Gani and others Vs. District and Sessions Judge, Nagpur and others (2000) 2 SCC 606 and Life Insurance Corporation of India and others Vs. Triveni Sharan Mishra (2014) 10 SCC 346 submits that higher qualification cannot be disqualification. The petitioner was possessing qualification of graduation in arts and maximum prescribed qualification was 10+2. In view of judgments of Supreme Court, the appointment letter of the petitioner has been wrongly cancelled.