ISHWAR DASS SHARMA Vs. STATE OF H. P.

JUDGEMENT

(1.) The writ petitioner, becomes aggrieved from a notification, embodied in Annexure A-6, wherein, a mandate becomes cast, (i) against any acceptance, of, educational qualifications, reflective, of, matric pass (3rd Division) or Matric (English), rather for the afores' being considered, as, eligiblizing educational qualification(s), for promotion(s), being made, vis ?-vis, the, promotional post, of, Senior Assistant. Furthermore, a, canon is also cast therein, vis ?-vis, since its making, in the year 1991, the aspirants concerned, who do not possess the requisite educational qualification, yet theirs being permitted to acquire, the, apposite educational qualification, for, theirs hence becoming validly, considered for promotion, to, the promotional post, of, Senior Assistant. The writ petitioner, who has yet not since, the, making, of, the afore Annexures, on, 27.11.1991, hence progressed, in, his educational qualification, inasmuch as, extantly also his only being a 3rd Division matriculate, nor also has extantly enhanced, the afore grading, as borne in his certificate. Consequently, the respondents became led to make Annexure A-7, where through, his candidature, vis ?-vis, the promotional post, of, Senior Assistant, became rejected.

(2.) In aftermath, the writ petitioner, casts a challenge both, vis ?-vis, the notification, issued in the year 1991, hence containing the afore mandates, and also casts, a, challenge, vis ?-vis, the validity, of, making Annexure P-7, (a) where through respondents declined to entertain, his, candidature, vis ?-vis, the promotional post, of, Senior Assistant. Though, the learned counsel for the petitioner, makes, a vociferous address before this Court, that, with rather within the Recruitment and Promotional Rules, there occurring no echoing(s), hence appertaining to the afore necessity, of, the writ petitioner, hence possessing the educational qualification, inasmuch as, his being either a matriculate with 2nd Division, or his holding a10+2 certificate, from any re-cognized board, hence, at the relevant time, of, his being considered, for, promotion to the promotional post, of, Senior Assistant, (i) thereupon, the afore executive instructions, as become contained, in the notification, of, the year 1991, holding no prevalence or clout, vis ?-vis, the R & P Rules (ii) thereupon, ipsofacto, the insistences as made, through, the notification, of, the year 1991, qua possession(s), of, the apposite educational qualification, at the relevant time, by any aspirant, being beyond the realm, and, ambit, of, the Recruitment and Promotion Rules, Rules whereof, reiteratedly rather hold clout, and, sway vis ?-vis, the executive instructions.

(3.) In making the afore submission, the learned counsel appearing for the writ petitioner, depends upon paragraph 20 to 25, of, the Judgment, rendered by Hon'ble Supreme Court, in titled as, "A. Manoharan and others versus Union of India and others, 2008 3 SCC 641", paragraphs whereof, are extracted hereinafter: