AFTAB AHMED Vs. FOOD CORPORATION OF INDIA
LAWS(RAJ)-1988-8-46
HIGH COURT OF RAJASTHAN
Decided on August 12,1988

AFTAB AHMED Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

M. B. SHARMA, J. - (1.) THE case of the petitioner is that those Class IV employees, who have passed Higher Secondary Examination from Central Board of Higher Education, New Delhi, have been promoted to the post of Assistant Grade III from Class IV. THE petitioner is senior to them and had also acquired the same qualification, but his case for promotion despite several representations, has not been considered.
(2.) NOTICE of the petition was given to the non-petitioners and reply was filed, wherein the non-petitioners have come out with a case that the said Central Board of Higher Education, New Delhi is only a private institution and has not been recognised by the Central Government or State 3overnment. In support of this plea raised in the reply they have placed reliance on Annexure-R/3 press note from which it appears that it had been notified to all that private institution registered on March 27, 1856 under the name of the Central Board of Higher Education has not been recognised by the Government of India and is not a recognised institution. The public has been informed that the said Board should not be mistaken as Central Board of Secondary Education, which is a Government recognised examining body and conducts Higher Secondary Examination and the public was advised in their own interest not to be misled by the name and designation of this private and unauthorised institution run by some private Board of Education. So far as the argument of learned counsel for the petitioner that two persons namely Tulsi Dass and Badri Narain, who were having same qualification, were promoted to the post of Assistant Grade III in the reply the non-petitioners have stated that each of the aforesaid two persons was not having any recognised qualification and, therefore, their appointments were cancelled. A look at Annexures-R/1 and R/2 will show that the orders promoting each of them as Assistants Grade III were withdrawn. The petitioner has not given the names of others who are said to have been appointed after acquiring the same qualification, which was never recognised. Therefore, the grievance of the petitioner that he has been discriminated whereas other similarly situated were promoted, does not survive. The learned counsel for the petitioner could not show to us that Higher Secondary Examination of Central Board of Higher Education, New Delhi was ever recognised by the Central Government. We find no merit in the writ petition. The same is hereby dismissed summarily. .;


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