MAGHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The controversy in this matter lies in a very narrow compass. Petitioner seeks promotion from Class IV to Class III services. However, the respondents' case has been that he does not possess the requisite qualification.

(2.) The petitioner possessed the Certificate of Prathma in the year 1984 from Hindi Sahitya Sammelan, Allahabad and at that time the same had been recognised as the requisite qualification for the post of a Clerk. However, the said qualification has been de-recognised with effect from 26-8-1985.

(3.) There is no dispute regarding the proposition of law that a qualification, if dc-recognised subsequently, will not operate with retrospective effect, particularly when the de-recognition order does not provide for it. However, the case of the petitioner is that as he possessed the requisite qualification prior to the date of de-recognition, it has to be deemed valid and treated to be the requisite qualification for ever. In support of his submission, reliance has been palced by Mr. Vijay Mehta, learned counsel for the petitioner, on a Division Bench judgment of this Court in Hanuman Lal Harijan Vs. State of Rajasthan, 1997 (3) WLC 142 , wherein the Court has considered the said qualification of Prathma Examination, which' had been obtained by the petitioner in prior to the date of de-recognition, to be valid for ever. The Court has, also, dealt with various judgments of the Honourable Supreme Court regarding the point of ineligibility because of de-recognition of the qualification. i.e. Ashok Kumar Sharma Vs. Chandra Shekhar, (1997) 4 SCC 18 ; State of Rajasthan Vs. R. Dayal. (1997) 10 SCC 419 and also considered a Division Bench judgment of this Court in State of Rajasthan Vs. Shiv Karan, 1993 WLR 367 , and on the basis of which it has been held that once the petitioner possessed the requisite qualification prior to the date of de-re-cognition, it would be valid for ever and the candidate would be eligible for being considered for the post of promotion even after the date of de-recognition. The said judgment in Shiv Karan (supra) has been approved and followed by another Division Bench of this Court in Jagdish Narain Vs. State of Rajasthan, 1995 (2) WLC 81 .