Court No. - 38 Case :- WRIT - A No. - 6020 of 2010 Petitioner :- Neeraj Bahuguna Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
The petitioner claims appointment as a Constable of police force on
compassionate basis.
Sri Ashok Khare learned senior counsel for the petitioner contends that
as a matter of fact the petitioner possessed the qualification which was
then prescribed when the application was moved and his entire papers
were processed. In between the qualifications have changed and now
the qualification prescribed is Intermediate. In view of this, it is submitted
that the impugned order dated 4.1.2010 deserves to be set aside and
the petitioner should be granted appointment on the strength of the
qualifications that were possessed by him at the time when the
application was submitted.
There are no rules available for making any such relaxation and even
otherwise accepting such an argument would violate Articles 14 and 16
of the Constitution of India. The qualifications prescribed have to be
possessed on the date of the appointment and not on the moving of an
application under the Dying-in-Harness Rules.
Other arguments were also advanced by Sri Khare learned senior
counsel for the petitioner but the same do not require any consideration
in view of the said position.
The petitioner has still been offered an appointment as a Class IV
employee. In view of this ,no further relief can be granted. The writ
petition is dismissed.
Order Date :- 4.2.2010
mna