Mahabeer Prasad, Chukidar, Sardar Ballabh Bhai Junior High School vs District Basic Education Officer and Others

S. Harkauli, J.—Heard learned Counsel for the petitioner and learned Counsel appearing for respondent No. 1. also.

By the impugned order dated 17-6-1999, the respondent No. 1 has refused the give approval to the promotion of the petitioner from class IV post to class III post. In clause No. 4 of the order dated 17-6-1999, the respondent No. 1 has observed that the petitioner does not possess a minimum educational qualification of Intermediate, which is prescribed qualification for class III post. As against this, the petitioner has filed Annexure-15, copy of the clarification of the Directorate of Education regarding Chapter III, Regulation 2, in which it has been stated that minimum qualification for promotion for class IV post to Class III post, is High School. Because of this the second part of the order of respondent No. 1 which states that the petitioner does not have the required typing speed in Hindi of 30 words per minute, also becomes doubtful as the order does not state that on what basis the finding have been recorded. In the circumstances, the impugned order dated 17-6-1999 is quashed and respondent No. 1 is directed to reconsider the matter of the petitioner by passing a detailed order giving basis of his findings also.

In the result, the petition succeeds and is, accordingly, allowed.