Sudhir Narain Agarwal, J. - (1.) THE petitioner has sought a writ of certiorari quashing the order of the Deputy Director of Education, Meerut Region, Meerut dated 21.2.1983 rejecting the proposal of the Committee of Management to promote the petitioner to the post of Senior Lab. Assistant and the letter dated 4.10.1983 directing the petitioner to refund the excess amount paid to him on account of the increment in the salary. I have heard Sri A.R. Dubey, learned counsel for the petitioner and Sri A.K. Dwivedi, learned counsel for the respondent No. 2 and the learned Standing Counsel.
(2.) THE facts in brief are that one Sri Som Dutt, respondent No. 2 was appointed as Laboratory Bearer on 21.8.1960 in Chaudhary Chhoturam Degree College, Muzaffarnagar. 4 posts of Laboratory Assistant fell vacant in the year 1975 in the college. An advertisement was published on 25.12.1975 inviting the application for the said posts. The petitioner and respondent No. 2 both applied for the post and both were appointed on 6.1.1976 to the post of Laboratory Assistant. A post of Senior Laboratory Assistant was created in the year 1982 in the College. The Committee of Management of the College passed a resolution on 13.11.1982 recommending to the Deputy Director of Education, Meerut Region, Meerut, respondent No. 1 the name of the petitioner for promoting him to the post of Senior Lab Assistant. The Deputy Director of Education, Meerut respondent No. 1 made certain queries and the proposal was rejected by order dated 21.8.1983 holding that respondent No. 2 was senior and was entitled to be promoted to the post of Senior Lab Assistant in preference to the petitioner. The principal of the College sent letter to respondent No. 1 for reconsideration of the order but the same was rejected by respondent No. 1 on 4.10.1983 and further directed that the salary paid in excess to the petitioner on account of his illegal promotion be recovered. These orders have been challenged in this writ petition. The learned counsel for the petitioner urged that respondent No. 2 was not qualified for being appointed as Laboratory Assistant by order dated 6.1.1976 as on the date of appointment he did not possess the necessary qualification. A person who was not qualified to be appointed as a Lab. Assistant could not be promoted to the post of Senior Lab. Assistant.
(3.) CLAUSE 27.01 and 27.02 of the 1st statute of Meerut University lays down the following qualifications for appointment to the post of Laboratory Assistant: - - (ii) Laboratory Assistant: - -For the post of Laboratory Assistants, Intermediate or an examination recognized by the State Government as equivalent thereto, in subject with which the Laboratory is concerned, or High School or an examination recognized by the State Government as equivalent thereto, with at least five years' experience as Laboratory bearer in the Laboratory of the subject concerned. The respondent No. 2 had passed High School examination in the year 1957. He was appointed as Laboratory Bearer in the College on 21.8.1960 and was holding the same post on the date of his appointment as Laboratory Assistant. He had completed 5 years experience as Laboratory Bearer. Respondent No. 2 was thus fully qualified for appointment to the post of Laboratory Assistant on the date of his appointment. The mere fact that he had not passed Intermediate Examination on the said date was not a disqualification. Respondent No. 2, however, passed Intermediate examination in the year 1970 and B.A. examination in the year 1978. It is not disputed that he was qualified for being considered to the post of Senior Laboratory Assistant for the purpose of promotion.;