IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 14135/2008. Reserved on: 21.5.2010. Decided on:15.6. 2010 _____________________________________________ Pawan Kumar. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes For the petitioner : Mr. D. Dadwal, Advocate. For the respondents : Mr. P.M. Negi, Deputy Advocate General. _____________________________________________________ Rajiv Sharma, Judge. Petitioner was appointed as Assistant Librarian in Maharaja Sansar Chand Memorial Degree College, Thural, District Kangra on regular basis vide appointment letter dated 9.9.1989. He was promoted to the post of Librarian with effect from 2.3.1995. The Principal of the College took up the matter with the Director of Education on 26.4.1997 for the pay fixation of the petitioner. The text of letter dated 26.4.1997 reads thus: “Kindly refer to your letter No. Edn-H (5) C (10)9/04-III Directorate of Education H.P. dated 1 Whether reporters of the local papers may be allowed to see the judgment? Yes 2 7.4.97, regarding pay fixation of the teaching and non-teaching staff of this college. It is hereby pointed out that the pay fixation of Sh. Pawan Kumar Librarian at Sr. No. (Non-teaching) has been left incomplete with the remarks, “His case for fixation of pay in U.G.C. Scale is to be considered separately subject to the eligibility of the post.” He is eligible for the post as he is M.A. in Public Admn. With 55.1% and he is also B.Lib. In case of Librarians, approval of the University is not required, as per order No. HPU letter No. 1-52/83-H.P.U. (Acad)/Vol.II- 2654 dated 15/16 Sept. 1995. As such the case is very clear. So kindly do his fixation at an early date. Necessary entries exist in the service book. He is allowed to visit the Directorate of Education alongwith his service book to cut short the delay in such matters. Kindly do the needful and oblige.” 2. Thereafter the pay of the petitioner was fixed vide Annexure A-4 dated 21.6.1997. The pay of the petitioner was revised with effect from 1.1.1996 from Rs. 2200-4000 to Rs. 8000-13500 vide Annexure A-5 and thereafter to Rs. 10000- 15200 vide Annexure A-6. Maharaja Sansar Chand Memorial Degree College, Thural, District Kangra was taken over by the 3 State Government vide notification dated 9.11.2005. The services of the staff, including non-teaching staff, were taken over vide notification dated 18.10.2006. However, the services of the petitioners were taken over as Assistant Librarian and not as Librarian, the post he was holding since 2.3.1995. Petitioner made a detailed representation Annexure A-9 for taking over his services as Librarian and not Assistant Librarian. 3. Case of the petitioner, in a nutshell, is that he was appointed as Assistant Librarian strictly in accordance with law and thereafter he was promoted to the post of Librarian. According to him, he has obtained degree of Bachelor in Library and Information Science in the month of June, 1994 and thereafter obtained Master Degree of Library and Information Science in December, 2000. Precise case of the respondent-State is that petitioner was not eligible to be appointed as Librarian as per the Recruitment and Promotion Rules. 4. I have heard the learned counsel for the parties and have gone through the pleadings carefully. 5. Petitioner stood appointed as Assistant Librarian on 9.9.1989 and was promoted to the post of Librarian on 2.3.1995. A bare perusal of Annexure A-3 dated 26.4.1997 reveals that as per order No. HPU letter No. 1-52/83-H.P. 4 (Acad)/Vol.II-2654 dated 15/16 Sept. 1995), in case of Librarians, approval of University was not required. Pay of the petitioner, as Librarian, was revised from Rs. 8000-13500 and thereafter to Rs. 10000-15200. He was in the pay scale of Rs. 10000-15200 at the time when his services were taken over. Petitioner has obtained degree of Bachelor in Library and Information Science, as noticed above, in the month of June, 1994 (Annexure S-3) and thereafter obtained Master degree in Library and Information Science vide Annexure S-5 in December, 2000. It will be appropriate at this stage to reproduce letter dated 15.12.1989 Annexure S-4 whereby clarification was issued by the Registrar of the Himachal Pradesh University for determining the ‘Good Academic Record’. Text of letter dated 15.12.1989 reads thus: “With reference to your letter No. BUN- H(1)8(7) 16/85-5, dated 4.12.98 on the subject cited above, I am to inform you that this University has not yet prescribed qualification for the recruitment of Librarian in the affiliated college. In so far as determining the ‘Good Academic Record’ for appointment of Lecturers the following criteria has been prescribed:- “The average of 50% marks at the two lower examinations means Good Academic Record for the recruitment of Lecture.” 5 It is further to inform you that till the introduction of 10=2+3 system of education, there have been three examinations and the average marks obtained in any two of (1) B.A. (final) (2) UG/Hr/Sec. or +2 and (3) Matric Examination may be taken as qualification for determining average 50% marks. The B.A. Part first (old) has also been equated with +2 examination.” 6. A bare perusal of this letter reveals that University has not prescribed any qualification for the recruitment of Librarian in the affiliated colleges. Maharaja Sansar Chand Memorial College, Thural was affiliated to the Himachal Pradesh University. Petitioner was appointed as Assistant Librarian by the duly constituted Selection Committee and thereafter was promoted to the post of Librarian vide Annexure A-2. He was promoted after he had obtained degree in Bachelor of Library on the basis of the decision of the Executive Body of Maharaja Sansar Chand Memorial College, Thural dated 17.2.1995. The copy of this letter was endorsed to Director of Education and Registrar of Himachal Pradesh University. The minimum qualification prescribed as per the Himachal Pradesh Education Department Class-III (Technical Service) Recruitment and Promotion and other Conditions of Service) Rules, 1971 for the post of Assistant Librarians (College/School/Public and Community Central 6 Library) was that a candidate should be at least matriculate or its equivalent examination of any recognized University/Board with certificate in Library Science from a recognized institution. The minimum qualification for District Librarian/College Librarian/Junior Librarian (Central/State Library, Solan was that a candidate should be graduate of a recognized University with diploma in Library Science from recognized institution. These qualifications were prescribed for Government institutions. It is already noticed on the basis of Annexure S-4 dated 15.12.1998 that the Himachal Pradesh University has not prescribed any qualification for Librarian of affiliated colleges. Moreover, it is evident from letter dated 26.4.1997 that while making appointment to the post of Librarian approval of the University was not required as per letter dated 15/16.9.1995 noticed in this letter. In the instant case, petitioner was appointed as Assistant Librarian on 9.9.1989. He was promoted to the post of Librarian when he obtained degree in Bachelor of Library from a recognized University as per Annexure A-2 dated 2.3.1995. He has also obtained Master degree in Library and Information Science as per Annexure S-5. Mr. P.M. Negi has failed to draw attention to any Recruitment and Promotion Rules on the basis of which the petitioner was not eligible. The petitioner has been granted the pay scale of the post of Librarian i.e. Rs. 8000- 7 13500 and thereafter the same stood revised to Rs. 10000- 15200. The decision to take over the college was taken on 9.11.2005. Petitioner was working in the Maharaja Sansar Chand Memorial College, Thural initially as Assistant Librarian with effect from 9.9.1989 and thereafter as Librarian on 2.3.1995. It will be apt at this stage to refer to the inspection report of Maharaja Sansar Chand Memorial College, Thural carried out by the Department of Education. The name of the petitioner finds mention in its report, i.e. Annexure S-7 as Librarian. 7. In view of the observations made hereinabove, the decision of the respondents to take over the services of the petitioner as Assistant Librarian and not as Librarian is declared illegal. The same is also arbitrary, thus, violative of Articles 14 and 16 of the Constitution of India. 8. Accordingly, in view of above discussion, the petition is allowed. Annexure A-8 dated 18.10.2006 is quashed and set aside. It is declared that the services of the petitioner shall be deemed to have been taken over as Librarian with effect from 18.10.2006 with all the consequential benefits. There shall, however, be no order as to costs. (Rajiv Sharma), Judge 15.6. 2010 *awasthi*