Narayan Shukla, J. - (1.) HEARD Dr. L.P.Mishra, learned Counsel for the Petitioner and Mr. Vinai Krishna, learned Counsel for the opposite parties 2 and 3.
(2.) THE dispute relates to the qualification prescribed for the post of Librarian by way of amendment made in the Rules called as the Bhatkhande Music Institute Non -teaching and Technical Cadre Service Regulations, 2002 (in short Regulations, 2002). The facts of the case in brief are stated hereunder: That on 28th of October, 1988, the Petitioner was appointed as Book Keeper in the Bhatkhande Music Institute, Lucknow (in short Institute), now Bhatkhande Music Institute Deemed University, Lucknow. He was conformed on the said post by means of order dated 16th of September, 1993 w.e.f. 1st of July, 1992. On account of vacancy created on retiring of Librarian Shri Tej Narayan Singh on 30th of September, 1999, the Petitioner was allowed to work as Librarian by the Principal of the Institution, pursuant to which he started discharging the duties and functions of Librarian w.e.f. 1st of October, 1999.
(3.) ON 1st of February, 2004, the post of Librarian was advertised to fill up through the direct recruitment prescribing the qualification Graduation in Library Science. The Petitioner applied and was interviewed also, but for some reason the said selection could not be finalized. The Petitioner worked as Librarian till 9th of March, 2007 as on that date the Administrative Officer of the Institution asked one Mr. Ram Chandra, Fee Clerk to work as Librarian in addition to his routine work. Thus, the Petitioner discharged duties of Librarian w.e.f. 1st of October, 1999 till 9th of March, 2007.;