KRISHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks a writ in the nature of Quo Warranto quashing the appointment of respondent No. 4 Ramesh Chander to the post of Lecturer in Leather Chemistry as also his subsequent appointment to the post of Lecturer Practical Training on the sole ground that he lacks the requisite qualifications for the post under contention. The facts of the case need first be noticed.

(2.) Krishan Lal-petitioner was appointed in the Government Tanning Institute on 15.1.1968. He was regularised on the post of Instructor vide orders dated 7.8.1970 with effect from 3.3.1969. Thereafter he was promoted to the post of Foreman on 21.12.1982. It is pleaded that in the Government Tanning Institute, there are two sections namely Footwear Section and Tanning Section. Both are totally separate sections having different posts. Whereas in the Footwear Section, there are three cadres known as skilled worker, Instructor and Foreman, in the Tanning Section, the hierarchy is the Laboratory Assistant Foreman, Lecturer in Leather Chemistry and Lecturer Practical Training. In the Footwear Section, Foreman is the highest post and in the Tanning Section, Lecturer Practical Training is the highest post. Ramesh Chander-respondent was appointed as Laboratory Assistant in the year 1973 on ad hoc basis for a period of six months. He was again given fresh appointment on ad hoc basis for a period of six months in the year 1975. In the year 1977, however, he was again appointed as Laboratory Assistant on the recommendations of the Subordinate Service Selection Board. It is stated that the Government Tanning Institute conducts diploma in Leather Technology which is of three years duration. Out of three years, two years are for academic studies and one year apprenticeship which is to be done in an approved Tannery recognised Institute. In the year 1978, the Government Tanning Institute invited applications for three years diploma course in Leather Technology. It was of three years duration and out of same, two years are of academic studies to be done in the Institute and one year apprenticeship to be done in the Recognised Commercial Tannery. The minimum qualification to seek admission was Matric or equivalent and admission to the diploma course was to be purely on merit basis. In pursuance, to the admission notice, respondent No. 4 Ramesh Chander applied for diploma in Leather Technology and simultaneously sought permission from his department to grant him study leave for doing the said diploma. He was granted study leave on the condition that he will look after the Chemistry practical work of students in the Laboratory in addition to his own training programme. Ramesh Chander, thus, joined the diploma course and completed two years in the Institution but he did not go for one year apprenticeship in the Commercial Tannery which was compulsory for obtaining diploma in Leather Technology. It is stated that the Director, Industries and Industrial Training, Punjab, Chandigarh, addressed a letter to the Principal, Government Tanning Institute, Jalandhar informing him that diploma in Leather Technology course required completion of apprenticeship. A list of persons who had not completed or even applied for diploma course was appended with the aforesaid letter. It is stated that Ramesh Chander was one of those whose name figured in the list. Thereafter there was a lot of correspondence between the Ministry of Education and the Government as also the Institute as to when the diploma was to be granted. The Principal of the Government Tanning Institute asked the Director of Technical Education, Punjab, Chandigarh vide letter dated 18.6.1968 (Annexure P-10) as to when the diploma was to be granted. In response to the aforesaid letter, the Director stated that diploma was to be granted after a candidate had successfully passed two years' training and completed one year practical training as advised by the Government of India. He further clarified that since the practical training was part and parcel of the course, the diploma was, therefore, to be awarded only to those students who had completed their training. Ramesh Chander, even though had not done one year apprenticeship was granted the certificate for having done diploma in Leather Technology.

(3.) In the year 1982, Ramesh Chander respondent No. 4 was appointed as Lecturer in Leather Chemistry on ad hoc basis for a period of six months or till such time a regular appointee was to come from Punjab Public Service Commission. The qualifications for the post of Lecturer in Leather Chemistry, are stated to be degree in Leather Technology or B.Sc. with diploma in Leather Technology from recognised Tanning Institute, one year teaching/professional experience and knowledge of Punjabi of Matric or its equivalent standard. It is stated that since Ramesh Chander did not fulfil all the qualifications required for the post of Lecturer in Leather Chemistry, he could not be appointed to the said post and that being so even his ad hoc appointment was illegal. He, however, continued to work on ad hoc basis till 1985 when his services were regularised on the said post. The Deputy Regional Employment Officer, it is stated, addressed a letter to the Principal of the Government Tanning Institute that Ramesh Chander had not been appointed after following due process and the Rules had not been observed while appointing him. When all these matters were going on, it is stated that the post of Principal was re- designated as Lecturer Practical Training, Since the post of Lecturer Practical Training was lying vacant for the last several years, the charge of this post was given to the petitioner who was the senior-most person working in the Institute. He was given the charge of the post of Principal in addition to his own duties and he continued to hold the post of Principal till the year 1986, when the charge was withdrawn from him and given to Ramesh Chander. Being aggrieved, he made representation to the Director, Industries, and Industrial Training Punjab pleading therein that the charge had been illegally withdrawn from him as he was senior-most person in the Institute. However, this representation was not immediately attended to and he remained without the charge of Principal till the year 1988 when the same was again given to him. Feeling aggrieved, Ramesh Chander sought to vindicate his stand by filing a civil suit for declaration to the effect that the order dated 23.6.1988 whereby the duties of the post of Principal were given to the petitioner was illegal. It was pleaded in the written statement that was filed by the official respondents in the said suit that the diploma possessed by Ramesh Chander was in dispute and it was still to be decided whether he holds a valid diploma or not. It was further mentioned in the written statement that Ramesh Chander had not undergone one year apprenticeship which was necessary. Meanwhile, Ramesh Chander was promoted to the post of Lecturer Practical Training vide orders dated 8.1.1992. It is stated that the qualifications for the post of Lecturer Practical Training are degree in Leather Technology from recognised University/Institute or its equivalent or Graduate with diploma in Leather Technology with 50% marks from the State Board of Technical Education, Punjab/Department of Industries, and Industrial Training, Punjab or its equivalent, two years teaching/professional experience and knowledge of Punjabi of Matric or its equivalent standard. Inasmuch as Ramesh Chander was not holding a valid diploma in Leather Chemistry Technology having not undergone apprenticeship for one year from any recognised Commercial Tannery, he was not entitled to be appointed on the post of Lecturer Practical Training. Petitioner made a representation against the promotion of Ramesh Chander to the Secretary to Government of Punjab.