IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17726 of 2009. [O&M] Date of Decision: 22nd March, 2011. Binny Gopal Petitioner through Mr. Balram Singh, Advocate Versus State of Punjab & Ors. Respondents through Ms. Monica Chhibbar, DAG, Punjab. Mr. G.S.Attariwala, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The Petitioner was appointed as a Peon in the Municipal Council, Bholath, District Kapurthala on contract basis in the year 1993. The petitioner was placed under suspension on registration of a criminal case against him. He was, however, discharged in the criminal case and thereafter the Municipal Council passed a resolution for his re-instatement in service. The Director, Local Government refused to accord approval to the afore-stated resolution on the ground that the petitioner does not fulfill the qualification prescribed for the post of Peon. It is not in dispute that the petitioner is not even 7th Class pass whereas Appendix 'B' [Sr. No. 7] of the Punjab Municipal Employees [Class IV] Service Rules, 1986 prescribes the minimum qualification of Middle Pass for the post of Peon. It may be mentioned that pursuant to the resolution passed by the Municipal Council, the petitioner has again joined as Peon on contract basis and termination of his services has been stayed by this Court. Notwithstanding the fact that the petitioner has been re- instated or is continuing in service, the petitioner's claim for continuation on the afore-stated post can sustain provided that the Competent Authority relaxes the conditions of minimum academic qualification especially in the light of the fact that he has more than 13 years' experience to his credit. Suffice it to observe that for a writ Court it would not be expedient to command the respondents to relax the Rules. The writ petition is accordingly disposed of with liberty to the petitioner to submit a representation through proper channel to the State Government for relaxation of the academic qualification and if any such representation is made by him within one month from the date of receipt of a certified copy of this order, the State Government is directed to consider the same sympathetically. Till an appropriate decision is taken, the petitioner shall be allowed to continue in service. Disposed of. Dasti. March 22, 2011. ( SURYA KANT ) dinesh JUDGE