RAMKISHAN Vs. HARYANA STATE ELECTRICITY BOARD, PANCHKULA

JUDGEMENT

(1.) The petitioner's land was acquired by the respondent. Under the policy framed by the respondents, one family member was to be employed by the respondents. For the post of Lower Division Clerk or Meter Reader, minimum qualification was Matriculation, and the persons below Matriculation were to be appointed as work-charged on regular basis. The petitioner did his Matriculation examination from Varanasi Sanskrit Viswa Vidyalaya in the year 1988. The petitioner was not offered the post of Clerk/Meter Reader. The petitioner further claimed that person similarly situated had been appointed.

(2.) The only defence taken by the respondents is, that the name of the University has been changed from Varanasi Sanskrit Viswa Vidyalaya to Sampooran Nand Sanskrit Viswa Vidyalaya with effect from 14th December, 1974 and consequently, the petitioner was not eligible for appointment as Clerk/Meter Reader as he has failed to produce proof of his having passed Matriculation from a recognised University/Board. The appointment of the person who had similar certificate, has been withdrawn by the respondents.

(3.) The petitioner refuted the stand taken by the respondent and relied on the judgment of this Court in CWP No. 2688 of 1992, decided on 24th November, 1992, wherein a similar certificate issued by the Varanasi Sanskrit Viswa Vidyalaya, Varanasi, in 1989 was considered to be recognised certificate making the person eligible for promotion from the post of peon to the post of Clerk. The said judgment has become final as nothing has been pointed out in the written statement or otherwise about the fate of the said judgment. The respondents cannot approbate and reprobate in the same breath. Once having recognised the Matriculation Certificate given by the University in 1989 to be valid and even earlier considered valid, the respondents cannot reject the certificate in this case. In view of the judgment of CWP No. 14367 of 1990, decided on 13th February, 1991, I fail to understand how the certificate issued to the petitioner can be refused recognition.