BANWARI LAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order of reversion dated 25th Feb., 1981 as contained in Annexure-2 by which he had been demoted from the post of Assistant Fisheries Development Officer to the post of Fisheries Inspector. Orders of similar nature had been passed in regard to several other persons also, as a result of which number of writ petitions came to be filed in this Court. One such matter was decided by this Court wherein vide D.B. Civil Writ Petition No. 3965/88 by order dated 19.10.94 (Narendra Sukh Vs. State of Rajasthan) it had been laid down that since the qualification for the post of Fisheries Development Officer is only matric, the qualification for the post of Assistant Fisheries Development Officer could not be kept higher which is Higher Secondary with Science. This question had arisen also in D.B. Civil Writ Petition No. 181/87 in the matter of State of Rajasthan Vs. Raman Kumar which stood decided on 23.11.87 . By virtue of the order passed in the aforesaid case, it was acknowledged that the qualification could not be higher for a lower post and a lower qualification for higher post. To put it clearly, the qualification for the post of Assistant Fisheries Development Officer as per the rules is Higher Secondary with Science, whereas the qualification for the post of Fisheries Development Officer is only Matric. This anomaly had been noticed by the learned Judges on the earlier occasions in the cases referred to hereinabove and hence writ petitions had been allowed interalia for the aforesaid reason. In the matter of Narendra Sukh Vs. State of Rajasthan the writ petition had been allowed categorically for the reason that qualification for the post of Assistant Fisheries Development Officer cannot be higher than the post of Fisheries Development Officer which is a higher post. Consequently, the said writ petition was partly allowed, which means that the petitioners could not be dis-qualified for promotion in view of the ground that they did not possess a certificate of Higher Secondary with Science. It transpires that in so far as the challenge on the ground that the cut-off date for screening the candidates should not have been fixed as 1.1.75 had been rejected and hence the writ petitions were partly allowed. Since the case of the petitioner herein also stands on identical footing, this writ petition also deserves to be partly allowed on the same terms and conditions as in case referred to hereinabove, which means that the petitioner cannot be dis-qualified for the post of Assistant Fisheries Development Officer only on the ground that he is not having a Higher Secondary certificate with Science. It has been informed that by virtue of an interim order of stay granted by this Court, the petitioner was allowed to function on the post of Assistant Fisheries Development Officer, but the said order does not hold him eligible for the post on the regular basis and the same is only ad hoc in nature as a result of which he is dis- qualified for consideration of promotion on the higher post of Fisheries Development Officer. In view of the fact that the qualification of Higher Secondary with Science has not been considered as a condition precedent for promotion on the post of Assistant Fisheries Development Officer, it is appropriate and proper that the same be not treated as an impediment in the way of the petitioner's further promotion as all other similarly situated persons have not been dis-qualified on this ground. Consequently, this writ petition is allowed only to the extent that if the disqualification of the petitioner is only on the ground that he does not possess Higher Secondary certificate with Science then that will not operate as a bar against him. If the petitioner is qualified in all other respects excepting the fact that he does not possess the Higher Secondary certificate with Science, he shall be entitled to be treated as a regular promotee on the post of Assistant Fisheries Development Officer and he would be entitled for consideration for further promotion, and the seniority for such post if he is qualified in all other respects shall be given from the date on which he was eligible for promotion and if any person junior to the petitioner has been promoted, he shall also be given. the benefit of such seniority.

(2.) The writ petition is accordingly allowed in the aforesaid terms. Writ Petition Allowed.