Decided on October 03,2007

SURAJ BHAN Appellant
A.I.I.M.S. Respondents


HIMA KOHLI, J. - (1.) In the present writ petition, the petitioner has assailed a Memorandum dated 29th May, 1997 issued by respondent No.1, the All India Institute of Medical Sciences, rejecting the claim of the petitioner for being promoted to the post of Laboratory Technician and further for directions to respondent No.1 to send the petitioner for In-Service Training and to promote/appoint him to the post of Laboratory Technician from the date of his entitlement.
(2.) In a nutshell, the facts of the case are that on 10th December, 1988, the petitioner was appointed as a Laboratory Attendant in respondent No.1. In May 1994, he was promoted/appointed to the post of Laboratory Attendant Grade II. The Recruitment Rules for Laboratory Attendant required the qualification of Matriculation with Science as a subject. As the petitioner had passed the higher secondary examination with non-science subjects, he enrolled himself to take Class X examinations in science subject with Janaki Samarak Subhash Ji Vidhyalaya Centre, New Delhi and he was issued a certificate dated 26th December, 1995 by the aforementioned institution. The main grievance of the petitioner is that despite the fact that he possesses the necessary qualifications for being promoted from the post of Laboratory Attendant to the post of Laboratory Technician, he has now been so promoted by the respondent No.1.
(3.) Respondent No.1 while issuing the impugned Memorandum dated 29th May, 1997 stated that the aforesaid institute was not listed in the accredited Boards/Institutions in the country and having not been granted recognition, the certificate issued by the Board of Adult Education and Training could not be taken into consideration, while considering the case of the petitioner for promotion to the post of Laboratory Technician. A reference was made by the respondent No.1 to the Ministry of Health and Family Welfare on 26th May, 1997 for further confirmation on the matters in issue in the aforesaid Memorandum and accordingly the petitioner was informed that at present, he could not be considered eligible for promotion to the post of Laboratory Technician till appropriate confirmation is received.;

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