LADU RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By an order dated 16.4.2008, the petitioner was dismissed from services being not having requisite qualification to hold the post. Aggrieved by the same, this petition for writ is preferred.

(2.) In brief, facts of the case are that an appointment was given to the petitioner as Shiksha Sahayogi on 28.5.1999 by treating the qualification possessed by him i.e. "Purwa Madhyama" from Shri Brahad Gujarat Sanskrit Parishad as a qualification equivalent to Secondary School Examination. Subsequently, it was noticed that the qualification aforesaid is not equivalent to Secondary School Examination Certificate. Accordingly the order impugned dated 17.5.2008 was passed by the Chief Executive Officer-cum-District Education Officer, Department of Elementary Education, Bikaner.

(3.) While assailing the validity of the order aforesaid, the submission of learned counsel for the petitioner is that the Chief Executive Officer-cum-District Education Officer, Department of Elementary Education, Bikaner has not applied his independent mind while taking action against the petitioner, but has acted upon the instructions given by the Divisional Commissioner, thus, the order impugned is an outcome of mechanical exercise of powers.