D.K. Seth, J. - (1.) Mr. Prabhakar Sinha holding brief of Shri B.P. Srivastava more strenuously aroned that despite the petitioner having been qualified for the post of Compounder in the Animal Husbandaiy Department wherein he was working in the said post was reverted by an order dated 27-3-1987, centained in Annexure-VI. By means of the present writ petition the said order has been challenged on the ground that the petitioner is duly qualified. Learned Counsel for the petitioner points out to Annexures I and II and contended that he has passed Intermediate Examination with Biology, therefore, the petitioner has fulfilled the requisite qualification, as such he should not be reverted from the post of compounder to the class IV post. He further contends that the promotion to the post of compounder from class IV post was canted to the petitioner by the Director after verifying his requisite qualification for the post of compounder, therefore, he cannot be reverted after he has been promoted by the verification if his qualification. The order of reversion is in effect the cancellation of promotion which has since been granted after verifying his qualification. Relying on Annexure VII he contends that the qualification laid down in the order dated 1-2-1980 was Intermediate with Biology or Agriculture.
(2.) It appears from Annexure I that the petitioner had passed Intermediate Examination some time in 1977 in Arts with subjects Hindi, English, Civics, Geography and Sanskrit. He had also appeared in Biology as private candidate in 1983 as would appear from Annexure II. Admittedly, he has offered Biology as single subject in addition to his having passed Intermediate with Arts. According to the learned Counsel for the petitioner he has fulfilled the qualification laid down in Annexure VII which prescribe Intermediate with Biology or Agriculture. Therefore, according to him the order of reversion, contained in Annexure VI, cannot be sustained.
(3.) Mr. Chaudhaiy, learned Standing Counsel relying upon the statement mae in the counter affidavit contended that the qualification Intermediate with Biology or Agriculture means an Intermediate in Science subject, Biology is not common subject in Arts. Biology is offered as one of the subject in Science. The said Government Order dated 1-2-1980 has since been clarified in the Government Order dated 31-10-1996 (Annexure CA-I to mean that the same means intermediate in Science with Physics and Chemistry as common other subjects, it does not mean Intermediate with Bio in Arts.;