This single-paragraph order rejects a writ petition filed by an employee seeking to quash reversion due to non-possession of Xth Standard qualification. The court held that as the requirement is a strict legal one, no case for interference is made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Writ Petition No. 1135 of 2012 [Mahadeo B. Amte Vs. State of Mah. & others]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. A.S. Deshpande, Adv., for the petitioner.
Mr. Kothari, AGP for respondent no.1.
Mr. A.S. Jaiswal, Adv., for respondent nos. 2 and 3.
CORAM: B.P. DHARMADHIKARI AND
P.B. VARALE, JJ.
DATE : 23rd January, 2013.
01.Contentionis,theconditionof
possessing Xth Standard pass qualification was
not incorporated in the order of promotion
issued to petitioner on 7th August, 2007. The
petitioner got knowledge of that condition in
2011 for the first time when the breathing
period of three years given for passing that
examination was already over.
02.Learned AGP as also learned Adv. Mr.
Jaiswal state that the provisions of the Civil
Manual were amended in 2002 itself to introduce
the qualification, and the petitioner was,
therefore, aware of the requirement. Only to
avoidinconveniencetotheaspirants,
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separately, all Districts Judge/Principal
District Judges were informed, who, in turn,
circulated the same amongst their staff. The
employees, who were not possessing that
qualification, were given time of three years
for procuring it. The petitioner could not
procure that qualification within three years
and, therefore, he faced reversion.
03.During arguments, we find that the
petitioner had appeared for Xth Standard
examination, but could not succeed in it. Even
today, he is trying to clear that examination.
04.Possessing a particular qualification is
necessary because of the legal requirement and
there is no question of its knowledge to
petitioner, or then its ignorance. There is no
question of its waiver also.
05.In this situation, no case is made out
warranting interference. Petition is rejected.
Judge Judge
|Hedau|
2 issues framed by the court
Whether the petitioner's petition challenging reversion for lack of Xth Standard qualification warrants judicial interference.
Whether a legal qualification requirement can be waived or is knowledge thereof irrelevant due to its mandatory legal nature.
Mahadeo B. Amte
State of Mah.
others
B.P. Dharmadikari
P.B. Varale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court