SHYAM SUNDAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Rama Kant Sharma, learned Senior Counsel for the petitioner and learned Standing Counsel No. 17, for the State.

(2.) THE petitioner seeks quashing of the order no. 13 contained in memo no. 1958 dated 11.5.2006 passed by the Director, Animal Husbandry and Fisheries Department, Bihar by which promotion earlier granted to the petitioner on the post of Computer (Ganak) has been cancelled and the petitioner has been reverted to the Class IV post.

(3.) THE learned counsel for the State has tried to distinguish the said case on the sole ground that whereas said Sri Vijay Kumar had admittedly obtained more than 60% marks in mathematics in the matriculation examination, so far as the petitioner is concerned, it is admitted that he had only 59% marks in mathematics in the higher secondary examination. It is thus, submitted that the case of the present petitioner stands on a different footing and he cannot claim the benefit of judgment of this Court dated 29.8.2006 in Sri Vijay Kumar 'scase. It is true that the Government circular dated 26.8.1986, which lays down the criteria and other aspects for promotion of 25% employees from Class IV to Class III post of Computer, prescribed 60% marks in mathematics in matriculation examination. However, it has been rightly pointed out by the learned counsel for the petitioner that there was no suppression of the said fact and it is evident from Annexure -4, the letter no. 1628 dated 4.10.1987 addressed to the Director, Animal Husbandry, Bihar by the District Animal Husbandry Officer, that the petitioner had passed higher secondary examination in the year 1970 in second division with 59% marks in mathematics and his mark -sheet was also enclosed with the said letter. It is thus, evident that this aspect of the matter had been taken into consideration that the petitioner had obtained 59% marks in mathematics in a superior examination than the matriculation examination and was short of 60% by only one mark and considering the same the order of promotion dated 21.7.1989 was passed by the Director, Animal Husbandry Department.