Neel Kanth v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6817 of 2010 Neel Kanth Dhruw, S/o Late Shri Naresh Ram Dhruw, aged about 48 years, Head Master, Middle School, Damaru, District Raipur, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh, Through The Secretary, School Education Department, DKS Bhawan, Raipur, Chhattisgarh.

2. Commissioner/Director, Lok Shikshan Sanchnalaya, Chhattisgarh. ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate For Respondents/State :

Shri B. Gopa Kumar, Deputy Advocate General Hon'ble Shri Navin Sinha, Chief Justice Order on Board 16/10/2015 1.

Heard Learned Counsel for the Petitioner and the State. 2.

The Petitioner is aggrieved by the order dated 22.4.2010 reverting him to the post of Head Master, Middle School from Lecturer (Political Science).

3.

Learned Counsel for the Petitioner fairly acknowledges that he did not possess the essential qualification of B.Ed. for appointment to the post of Lecturer. But, it is urged that the order for cancellation of promotion was passed in violation of the principles of natural justice. 4.

Learned Counsel for the State submits that if it is an admitted position that the Petitioner did not possess the essential qualification of B.Ed. for promotion to the post of Lecturer, compliance with principles of natural justice will be an empty formality.

5.

Having considered the submissions on behalf of the parties, the Court is not inclined to interfere on grounds for violation of principles of natural justice when it is an undisputed fact that the Petitioner did not possess the essential qualification of B.Ed. for promotion to the post of Lecturer. 6.

The writ application is dismissed.

Sd/- (Navin Sinha) CHIEF JUSTICE Gopal