- (1.) THE factual matrix in short compass as set-out in the writ petition is that after the Institution i. e. Indira Gandhi Degree College, Gauriganj, district Sultanpur was recognised by the State Government and the petitioner was ap pointed as untrained librarian on 1-8-1982, the institution in which the petitioner was so appointed, was brought on the Govern ment grant-in-aid list in the year 1985. No doubt at the time when the petitioner was appointed, he was not having any diploma or degree in library science. THE basic qualification for such a librarian was two years' experience of doing library work and a Bachelor's Degree in any speciality and a Bachelor's Degree in Library Science. THE petitioner who was a graduate initially, but was not having a Degree in Library Science, made a genuine effort to remove the defect by obtaining a degree in Library Science in the year 1985. THE Management of the Col lege was gracious enough to grant him 10 months' study leave in that regard. THEre after he joined again on 16-7-1985. On 17-12-1985 advertisement for filling-up said post on regular basis was published. THE petitioner along with other candidates ap plied for said post and he was selected by a Committee constituted for that purpose. Selection of the petitioner was approved by the Management committee of the College and the petitioner joined the post and since then he has been continuing.
(2.) THE petitioner raised a grievance before this Court that his salary bill sent by the Management is not being accepted by the Educational authorities and he prayed for issuance of a writ in the nature of man damus commanding the opposite parties to approve petitioner's selection held on 16-2-1986 and for payment of his salary with effect from November 1985. It has been averred in the counter affidavit that even after completing the course of Bachelor in Library Science, the petitioner was not entitled to get the scale of librarian as he did not have the requisite experience of two years' service with effect from 28-7-1982 onwards including the period of his leave for studying the Bachelor of Library Science course. If the petitioner lacked the basic qualification at the initial stage and con tinued to perform his duties whereby he gained sufficient experience, he cannot be dislodged for the reason that he lacked cer tain qualifications which at the time of recruitment was not considered fatal for the appointment. Initially the Selection Com mittee would have been within its right not to select the petitioner if he lacked certain qualifications, but he was selected and the Management Committee approved his ap pointment and even the Management Com mittee of the College granted him leave to complete the course of Library Science. By now he must have gained sufficient ex perience as a Librarian. Any lack of qualification at the time of recruitment, coupled with the experience and academic attainments cannot be a ground for non payment of salary.
(3.) IN view of the aforesaid reasons, we are' of the view that the writ petition deser ves to be allowed. A writ in the nature of mandamus is issued to command the op posite parties to approve the petitioner's selection held on 16-2-1986 and 10 make payment of petitioner's salary from Novem ber, 1985 onwards. In the circumstances of the case, there shall be no orders as to costs. Petition allowed. .;