- (1.) THE respondent was employed as an L. D. C. in the office of the appellant Board on 12-7-71. A circular dated 28-3-75 was issued Inviting applications from the L. D. Cs. for appearing at the examination to be held for selecting Accounts Clerks. According to this L. D. C. having two years experience and having graduation qualification and non-graduates having five years experience were eligible to apply for the same. THE respondent is not a graduate from any university. He has however passed a three years diploma in Industrial Craft Education. This diploma has been recognised by the State of Rajasthan as equivalent to graduation for the purposes of teaching the students of industrial craft. THE respondent submitted the application in the prescribed form and in the educational qualifications column he has mentioned that he was a diploma holder in the above subject and enclosed a copy of the diploma as also the certificate showing that the diploma was recognised as equivalent to gradua-tion for the above said purpose. THE appellant Board allowed the respondent to appear in the examination. He qualified in the examination and was appointed as Accounts Clerk. Subsequently he appeared for the examination held by the appellant for the; post of Accountants. He passed the examination and was annotated as an Accountant. On 6-7-1977, an order reverting the respondent to the post of L. D. C. was issued by the appellant on the ground that he was not a graduate and was not entitled to appear in the examination held by the Board for the post of accounts clerk. THE respondent filed a suit challenging his reversion, THE suit was dismissed by the learned trial Court. THE respondent filed an appeal which was accepted by the learned A. D. J. No. 1. Alwar, who held that the order of reversion was illegal and consequently decreed the suit. Feeling aggrieved, the appellant has come-up in appeal.
(2.) I have heard Shri A. K. Sharma, Advocate for the appellant and have also perused the record of the case. It is not disputed before me that the appellant had not made any misrepresentation in the application form submitted for appearing at the examination for selection of the accounts clerks. It is further not disputed before me that the copy of the diploma and the certificate issued by the State of Rajasthan in regard to the said diploma were also attached alongwith the application form submitted by the respondent. The appellant took the diploma to be equivalent to graduation and allowed the respondent to appear at the examination which he successfully passed. He was subsequently allowed to appear in the examination for the higher post of Accountant which also he passed. It is also not disputed that if the order of reversion is allowed to stand, the respondent shall be reverted to the post of L. D. C. and would have to re-appear at the examination to be held for selection of candidates for the post of Accounts Clerks, If the appellant had rejected his application in the year 1975 on the ground that he was not a graduate and the diploma could not be considered to be equivalent to graduation, he could have appeared in the examination in the year 1976 or thereafter on completing the service of 5 years. Further, if he is reverted fee will appear in the examination to be held hereinafter and his juniors must have succeeded in the mean while and got promoted on the higher post. The appellant would thus suffer an irreparable loss for no fault of his but because of the mistake, if any, committed by the appellant. In these circumstances, the appellant is estopped from contending that the respondent was not qualified to appear at the examination held for the post of Accounts Clerk. In these circumstances this appeal is without merit and is dismissed in limine. It stands disposed of accordingly. .;