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2022 DAILYLAW 640 (CHH)

NAGENDRA PRASAD GUPTA v. STATE OF CHHATTISGARH

WPS/8761/2022 · 2026-04-12

Shri Rakesh Mohan Pandey

body2022

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8761 of 2022 1 - Nagendra Prasad Gupta S/o Late Dilbodha Prasad Gupta Aged About 52 Years Presently Working As Laboratory Technician, Government Polytechnic College, Ambikapur, Police Station Gandhinagar, District - Surguja Chhattisgarh 2 - Duhan Ram S/o Mangta Ram Aged About 49 Years Presently Working As Laboratory Technician, Government Polytechnic College, Ambikapur, Police Station Gandhinagar, District Surguja Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Technical Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Technical Education, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh 3 - Principal Government Polytechnic College, Ambikapur, Police Station Gandhinagar, District Surguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Seema Verma, Advocate For State : Mr. Anmol Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 13.04.2026 1. The petitioners have filed this petition seeking the following relief(s):- “i. That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 27.03.2021 Annexure P-1. 2 ii.That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the candidature of the petitioners and grant promotion in favour of the petitioners to the next higher post i.e. Technical Assistant from the date of their actual entitlement with all consequential benefits including the monetary benefits. Iii. Cost of the petition may also be granted to the petitioners. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioners, in the interest of justice.” 2. The facts of the present case are that the petitioners are working with respondent No.3/Principal, Government Polytechnic College, Ambikapur (C.G.) on the post of Lab Technician. They have claimed promotion to the post of Technical Assistant in accordance with the provision of Chhattisgarh Technical Education Class-III (Non- Ministerial) Service Recruitment Rules, 2005. They have also challenged the order dated 27.03.2021 (Annexure P/1) whereby, their representation has been rejected on the ground that they do not possess the requisite qualification for the post of Technical Assistant. 3. Ms.Verma, the learned counsel appearing for the petitioners would submit that the petitioners were appointed on the post of Lab Technician way back in the year 1996 and they possess requisite qualification for promotion to the post of Technical Assistant. She would further submit that the respondent authorities without assigning sufficient reasons rejected the representation of the petitioners. She would pray that order dated 27.03.2021 (Annexure P/1) may be quashed and a direction may be issued to the respondent authorities to consider the claim of the petitioners for promotion. 3 4. On the other hand, learned Panel Lawyer appearing for the State would oppose the submissions made by Ms. Verma. He would submit that the requisite qualification for the post of Technical Assistant is an Engineering Degree; or a II Class Diploma or ITI with five years of working experience; or a II Class Bachelor’s Degree in Science with a specialization in Chemistry, Physics, Biology, or Geology. Mr. Sharma would submit that the representation of the petitioners has been rejected as the petitioners are lacking requisite qualification for promotion. 5. Heard learned counsel for the parties and perused the documents placed on record. 6. The required qualification for the post of Technical Assistant is as under : “(A) Technical: At least II class Diploma in appropriate Branch of Engg. from a recognised Institution of Chhattisgarh. OR I.T.I. certificate of competency in the appropriate trade with 5 year experience. (B) Science: At least II class Bachelor's Degree in science with chemistry/Physics/ Biology or geology as one of the subject.” 7. A perusal of the mark-sheet annexed along with the writ petition would show that both the petitioners passed B.Sc. Part III examination with 3rd Division and therefore, their names were not considered for promotion. 8. Apparently, the petitioners are lacking requisite qualification for promotion to the post of Technical Assistant, therefore, the respondent authorities rightly rejected the representation of the 4 petitioners vide order dated 27.03.2021. Thus I do not find any good ground to interfere with the order impugned, consequently, this petition fails and is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Rekha