- (1.) PETITIONER, who is holding qualification of B.Sc. (Maths), at one time participated in pursuance to advertisement dt. 12/08/2008 for the post of Junior Technical Assistant. However, on his final selection, he was appointed on contract basis as Junior Technical Assistant for a period of one year from 24/12/2008 to 24/12/2009. Agreement to this effect was also executed (Anx.3).
(2.) IT appears from the record that the State Government later on changed the conditions of eligibility for the post of Junior Technical Assistant and vide its order dated 18/09/2009 (clause-2), it has been observed that for appointment on the post of Junior Technical Assistant, Civil Engineers Degree/Diploma holders shall be considered and those, who are not holding such qualification and presently working as Junior Technical Assistant, their period of agreement should not be further extended after the date of expiry of their period of contract. Counsel submits that the others, who were appointed along with petitioner on the basis of qualification of B.Sc. (Maths), their contract continued upto February, 2010. However, the agreement of petitioner is only upto December, 2009. This act of the respondents is arbitrary and he further submits that once petitioner has been appointed on the basis of B.Sc. (Maths) discharging his duties satisfactorily and there is no complaint, there will be no justification for respondents to alter the conditions of eligibility and eliminate the persons like the petitioner who was considered to be suitable and appointed by the State Government on the post of Junior Technical Assistant. In the opinion of this Court, the submission is without substance for the reasons that the petitioner was considered for appointment in pursuance to the advertisement Anx. 1 dt. 12/08/2008 on the basis of the qualification of B.Sc. (Maths) as one of the conditions of eligibility. However, by passage of time, it was considered that holders of B.Sc. (Maths) are not serving the purpose for which such appointments are made and, as such, altered the conditions of eligibility and particularly those holding the qualification of B.Sc. (Maths) are not considered to be eligible for further continuation on the post of Junior Technical Assistant and the State Government being the employer can always examine or alter the conditions of eligibility which is required for the post in question and if later on it has been decided that B.Sc. (Maths) cannot be considered as one of the conditions of eligibility for the post of Junior Technical Assistant. This Court finds no infirmity in the decision of the respondents in amending the conditions of eligibility for the post of Junior Technical Assistant. So far as the question of agreement is concerned, it is initially for a period of one year. The petitioner's agreement/contract is upto December, 2009 and prior to the amendment in the condition of eligibility introduced vide its order dt. 18/12/2009 if period of agreement has been extended, certainly the petitioner cannot be allowed to continue any further after change in eligibility conditions and the petitioner cannot claim parity with others. Consequently, this Court finds no substance in the writ petition and it is accordingly dismissed.;