Shekhan Lal Sinha v. State Of Chhattisgarh And Another

WPS No. 1535 of 2009 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1535 of 2009 • Shekhan Lal Sinha S/o Late Shri Pooran Lal Sinha, R/o Block Colony Nagri, Distt. Dhamtari CG ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Scretary, Tribal Department, D.K.S. Bhawan, Raipur C.G.

2. Assistant commissioner, Tribal Welfare, Dhamtari, C.G. ---- Respondents For Petitioner :- Shri Vinod Kumar Sharma, Advocate For Respondent-State:- Ms. Fouzia Mirza, Addl. A.G. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/01/2020

1. Challenge in this petition is to the order, AnnexureP-1, whereby petitioner's promotion to the post of Upper Division Teacher vide order dated 06.10.2008 has been canceled on the ground that the petitioner having passed graduation degree from Hindi Sahitya Sammelan, Allahabad, he has no any requisite qualification because the said institution is not recognized by the UGC.

WPS No. 1535 of 2009

2. Learned counsel for the petitioner would draw attention of the Court to the document Annexure-P-4 and P-5 by which the degree obtained from Hindi Sahitya Sammelan, Allahabad has been entered in his service book.

3. Having examined the documents filed along with the writ petition, it appears that petitioner has failed to submit proof that UGC has recognized Uttama Part -3 examination to be equivalent to B.A. degree course or that Hindi Sahitya Sammelan, Allahabad is a recognized university. Since the qualification for promotion to the post of Upper Division Teacher is that the candidate should at least be graduate, the petitioner could not have been promoted for lack of satisfying eligibility criteria.

4. No case for interference with the impugned order is made out as the petitioner is not eligible for promotion.

5. Accordingly, the Writ Petition deserves to be and is hereby dismissed.

SD/- (Prashant Kumar Mishra) Judge Ayushi