Varis Aqbal Khan Vakil vs Union Of India And Others on 10 August, 2010

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Allahabad High Court
Varis Aqbal Khan Vakil vs Union Of India And Others on 10 August, 2010
Court No. - 29

Case :- WRIT - A No. - 46771 of 2010

Petitioner :- Varis Aqbal Khan Vakil
Respondent :- Union Of India And Others
Petitioner Counsel :- Kunwar J. P. Singh
Respondent Counsel :- A. S. G. I.

Hon'ble Sheo Kumar Singh,J.

Hon’ble Devendra Kumar Arora,J.

Heard learned counsel for the petitioner and Sri Saxena, learned
Standing Counsel, who on the asking of this Court obtained
necessary information and informs the Court that there is a degree
course in the Handloom Technology.

We appreciate the efforts of Sri Saxena.

Prayer in the writ petition is to quash the part of advertisement
made by National Handloom Development Corporation for
appointment related to the Chief Manager (Commercial)
(Annexure-1 to the writ petition).

There is further prayer in the writ petition seeking direction to the
respondents to issue interview letter to the petitioner which is
going to take place on 12.8.2010 as degree in Handloom
Technology is not available in India.

Submission is that there is no award of degree in the Handloom
Technology and the petitioner being the diploma holder in the
Handloom Technology is entitled to be considered for the post of
Chief Manager (Commercial).

A perusal of the advertisement makes it clear that eligibility
criteria for the appointment on the post of Chief Manager
(Commercial) is degree in Textile Technology/Textiles
Engineering/Handloom Technology from a recognized university.

At the same time the advertisement for the post of Deputy
Manager (Commercial) states about the qualification that the
candidate must posses either degree or diploma in the aforesaid
three subjects.

The mention of the qualification as diploma in Handloom
Technology, itself can be said to be indicative of the fact that for
the post of Deputy Manager (Commercial) which is a lower post,
the diploma certificate is sufficient and for the higher post that is
Chief Manager (Commercial), degree course is required.

Sri Saxena after obtaining information informs the Court that in
Kanpur itself there is degree course in Handloom Technology and
certificate in that respect is provided there.

A perusal of the record indicates that the petitioner has submitted
his candidature on 2.4.2010. At that time he was fully aware of the
fact that he is not having a degree in Handloom Technology and,
therefore, at that time he should have protested the matter but he
did not raise any objection at that time.

The request which is said to have been made by the petitioner is
also dated 30th June, 2010. We are not sure as to whether that has
been sent to the Competent/appropriate Authority or not.

We are of the view that there is nothing wrong in not issuing the
interview letter to the petitioner for the post of Chief Manager
(Commercial) as the petitioner does not possess the prescribed
qualification.

In view of the above, we are not inclined to entertain the writ
petition. The writ petition fails and is accordingly dismissed.

Order Date :- 10.8.2010
Shiraz

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