CWP No. 1295 of 2009 28.7.2011 Present: Mr. Yudhbir Singh, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. A.G. for respondents No. 1 to 3. Mr. K. C. Sankhyan, Advocate, vice Mr. T. C. Sharma, Advocate, for respondents No. 4 to 12. According to the petitioner approximately 472 posts of drivers are to be filled up in the near future. He submits that in the past also, Beldars have not only been considered but in fact promoted/appointed as drivers by relaxing the eligibility criteria of educational qualification. Petitioner alleges that he has a valid driving licence and has studied up to second class. He contends that he was considered for appointment and had successfully undergone the driving test conducted by the department but however due to educational qualification criteria his case could not be recommended for appointment as a driver even though he is fully skilled to drive the vehicle in question. Private respondents undoubtedly have been considered for promotion to the post of driver by relaxing the condition of educational qualifications. Undisputedly petitioner has been serving the department since 1986 and has satisfactorily discharged his duties both as a Beldar and as a driver on certain occasions. -2- 2. In this view of the matter, keeping in view the equities and in the interest of justice, direction is issued to respondents No. 1 and 2 to consider the petitioner’s case for appointment as driver by relaxing the condition of educational qualification. The decision shall be taken prior to filling up the posts which are likely to be filled up in the near future. 3. With these observations present petition stands disposed of so also the pending application(s), if any. (Sanjay Karol), Judge. July 28, 2011 (PK)