m WgsJ/m/cg MDPL ICAT ION UNDER SECT ION 19 OF TI£ ADMEII§TEAT IVE TRIBUNALS ACT , 1985. oruse in th In ma MADHYé PEA DE$H 7 ADMIN ISTRAT IVE TRIBUNAL : JABALPUR. BEILIE‘I :L. A-gplicgnt : Har Prasad Hansraj son of $hri GOpal Ram Hansraj, aged abou’c 35 years, Occupation-Service 31‘ A Laboratory Attendant, Gov’G.Degree College, ‘j champa District Bilaspur (mm) ~Vérsu§& 2. NOn-&zmli¢gnt5. l. State of M .P. through Secretary Higher Educa tion Department, 'M.P.Bh0pal. 2. Additional Director Hig Bilaspur DiVision, e Champa Shri S.K.Tiwari, Laboratory Technician g ‘ Surguja Govt.Girls (M.P) College Ambikapur District her Education, Bilaspur (M.P) Principal Govt.Degree Colieg District Bilaspur (MP) The applicant is aggrievga hv M ‘ T j ” <¢ ‘HIGH COURT OF CHHATFISGARH AT BILASPUR M WRIT PETITION gS) No. 1667 of 2005 PETITIONER Q Har Prasad Harmj. RESPONDENTS : State ot‘M.P.&0m¢rs. égglication Under Section 19 ofthe Administrative Tribunals Act, 1985 SB Hon’ble Shrl Saush K. AgmhomLJ Present ' shn Sanjay Patel Advocate for the petmoner VERSUS ,‘\ H Shn N N Roy, Panel lawyer for the State/respondents 1 to 3 None for the respondent No 4 ORAL ORDER (Passed on 02‘13 day of February, 2010) l. Challenge in this petition is to the order dated 15.04.1997 (Annexure A/ll) and order dated 20.12.1996 (Annexure P/8v) whereby the petitioner has not been considered for promotion to the post of Laboratory (for short ‘Lab’) Technician nom the post of Lab Attendant on the gound that the petitioner has passed 12‘“ examination certificate with agriculture subject. The facts, in brief, are that the petitioner was appointed as Lab Attendant on 16.11.1984 (Annexure A/3). The petitioner became eligible for consideration for promotion to the post of Lab Technician after having completed 9 years of service. However, juniors to the petitioners were promoted to the post of Lab Technician vide order dated 20.12.1996 (Annexure A/8) but the petitioner was not considered for promotion on the ground that the petitioner has obtained class 12m examination certificate with agiculture and the same was ‘ communicated to the petitioner on 15.4.1997 (Annexure A/l l). i peLeazwe‘r. H . ”:11 wa > a Being aggrieved, the petitioner preferred an application before the State Administrative Tribunal at Jabalpur (for short ‘the SAT’) on 27.9.1997. On dissolution ofthe SAT, the said case was transferred to this Court. Learned counsel appearing for the petitioner submits that the rules regarding appointment and promotion relating to class III employees of the colleges viz. Madhya Pradesh Arajpatrit Tritiya Varg Sewa (Mahavidyalayih Shakha), Bhaiti Tatha Padonnati _Niyam, 1974, (for short the Rules, 1974) have been amended under proviso to Article 309 ofthe Constitution of India by notification dated 19.8.1991 (Annexure A15) wherein it has been made 'clear that for promotion nom the post of Lab Attendant to Lab Technician, the candidate should have Higher Secondary School Examination certiiicate or under 10+2 scheme, should be class 12m passed .(Annexnre A/l). To demonstrate that the petitioner has passed Higier Secondary School Certiticate examination conducted by the Board of Secondary Education, Bhopal with Physics, Chemistry and Biology as subjects, the petitioner has tiled the copy of Higher Secondary School Examination Certificate (Annexure A/l). Thereatter, the petitioner has passed 12m examination wherein the petitioner has preferred various subjects of agiculture. Shri Patel further submits that since the qualification required is either Higher Secondary School Certificate examination or class 12‘“ passed under the scheme of 10+2, the petitioner meets the requisite qualification of Higher Secondary School Certificate examination having subjects of physics, chemistry and biology. Per contra, Shri Roy, learned Panel Lawyer appearing for the l State/respondents relying on the ahidavit/return dated 5.2.1998, submits h ’ that the petitioner has not passed class 12"“ examination with spience subjects i.e. Physics, Chemistry, Botany, Zoology, Geography, Psychology and Home Science. Therefore, he was not found eligible for consideration. Having heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto, it appears that the respondents have completely ignored one part ofthe requirement under provisions of the Rules, 1974 i.e. Higher Secondary School Certificate examination or 10+2 examination certificate. The petitioner is admittedly in possession of Higher Secondary School examination Certificate having Physics, Chemistry and Biology as subjects. Other alternative qualification i.e. under the 10+2 scheme was considered, but not the first qualification i.e. Higher Secondary School Certificate examination. Even in the reply, the respondents have not mentioned anything about the Higher Secondary School Certiiicate, examination as is evident from the order dated 15.04.1997 (Annexure A/ 1 l). For the reasons mentioned hereinabove, the impugied order dated . 15.04.1997 (Annexure Alll) deserves to be and is quashed on the ground that Rules, 1974 (Annexure A/5) which has been amended in the year 1991 and the same has been completely ignored by the respondents. The impugned order dated 20.12.1996 (Annexure P/8) is not being quashed at this stage as the case of the petitioner is not‘that the other candidates were promoted illegally or irregularly. @f 10. Accordingly, the writ petition is allowed with cost. It is directed that the respondents shall consider the case ofthe petitioner for promotion to the post of Lab Teclmician‘as on the date when his juniors were considered and promoted to the post of Lab Technician. The petitioner shall be entitled to consequential reliefs, flowing dam this order. ll. Cost to be quantified as Rs. 10,000/— payable Within four weeks. M Sd/a Satish K.Ag’nihotri A l " is, Judge