- (1.) M. Katju, J. Heard Sri Mahesh Gautam for the petitioner and Sri Piyush Agarwal holding the brief of Sri V. R. Agarwal for the respondent.
(2.) THE petitioner had been appointed as stipendiary trainee by the respondent but that appointment has been cancelled by the impugned order dated 28-4-98 Annexure-1 to the writ petition on the ground that the petitioner did not disclose his higher qualification of B. Sc. Thus the ground for canceling the appointment is that he is over qualified. In similar Writ Petition No. 15696 of 1998 Jitendra Sharma v. Nuclear Power Corporation of India Limited & Ann, this Court quash the impugned order by its judgment dated 13-8-98. In that case also the appointment had been cancelled on the ground that the petitioner was over qualified and this Court had held that a person's appointment can be cancelled if he is under-qualified but not on the ground that he is over qualified, rather the respondent should have given weight age to the fact that the petitioner had got a higher qualification. Following the said decision, this peti tion is allowed. The impugned order dated 28-4-98 is quashed. Petition allowed. .;