Decided on March 31,1997

B.B.M.B. Respondents


M.SRINIVASAN, J. - (1.)The petitioner was initially appointed by the respondent Board as Mali -cum -Cbowkidar on 8 -9 -1970. He was promoted later by an order dated 1 -9 -197. as Library Attendant in the grade of Rs. 75 -3 -9O/3 -105 He was working as such since that date At that time there was no post of Librarian as such, and there was no Rule providing for any person to be promoted as Librarian from any other cadre For the first time the post of Librarian was created on 14 -11 -1995 and applications were called for from outsiders after specifying the requisite qualifications for the post The petitioner filed this writ petition claiming that he was entitled to get promoted to the post of Librarian or atleast to be considered for promotion to the said post and that the post cannot be filled up by direct recruitment. The petitioner did not state in the writ petition that he was initially appointed as Mali -cum -Chowkidar and later promoted as Library Attendant This non disclosure of a very material factor certainly a factor, which will stand in the way of this Court considering the prayers of the petitioner. 6 prayers
(2.)However, when the writ petition came up for orders, in the first instance, this Court passed an order on 14 -8 -1996 directing the respondents to interview the petitioner also for the post of Librarian alongwith the other applicants irrespective of his qualifications and permitted the respondents to fill up three posts and keep one post vacant until further orders. It is now represented by the respondents that the petitioner was allowed to participate in the interview and it was found that he stood at the bottom of the merit list among the candidates, who appeared for the test and interview.
(3.)The contention of learned Counsel for the petitioner is that for over 20 years, the petitioner has been functioning as Library Attendant and thus there is a stagnation in the services of the petitioner According to learned Counsel, there must be a promotional avenue and a direction should be given by this Court to create such avenue and consider the case of the petitioner. It is not in dispute that the petitioner does not strictly qualify according to the qualifications prescribed for the post of Librarian It is pointed out by the respondents that the minimum qualifications are Matric 2nd Division with Punjabi and Diploma in Library Science or the certificate coerce in Library Science. The petitioner has secured 3rd Division in Matric and he does not fulfil the qualification When this was pointed out in the reply, the petitioner has come out with a rejoinder that some of the persons, who were working on Class IV posts were promoted as Clerks even though they had not fulfilled the requisite qualifications. It is submitted in the rejoinder that S/Shri Prittam Chand, Dharam Chand and Sunka Ram, who had passed Matric in 3rd Division were promoted as Clerks by relaxing the qualifications even though the required qualification was Matric 1st Division. It is submitted that a discrimination has been made by the respondents as against the petitioner, We are unable to accept this contention in view of the fact that the post to which a claim is made by the petitioner is that of Librarian and not that of the Clerk. As the two posts are entirely different, we cannot hold that there had been any discrimination on the part of the respondents,

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