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2026 DAILYLAW 5990 (UTT)

LAXMIKANT PRASAD v. VICE CHANCELLOR, GOVIND BALLABH PANT AGRICULTURE AND TECHNICAL UNIVERSITY

WPSS/839/2018 · 2026-05-26

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4178 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/839/2018 Hon’ble Manoj Kumar Tiwari, J. Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. Devesh Kandpal, Advocate for the petitioner. 2. Mr. Subhang Dobhal, Advocate for the respondent nos. 1 to 3. 3. Petitioner was engaged as a daily wager in G.B. Pant University of Agriculture and Technology in the year 1989 for discharging duty of a Group-D employee and he performed duties of Lab Attendant after his engagement in 1989. His services were regularised on a Group-D post of Mail Messenger in the University in the year 1997. 4. Petitioner thereafter staked claim for promotion to the post of Assistant Accountant by making representation. The representation made by petitioner was rejected by the competent authority in the University. Thus, feeling aggrieved, petitioner has approached this Court challenging the orders dated 19.07.2017, 31.01.2018, 17.03.2018 and 26.03.2018. The ground taken for rejecting petitioner’s claim for promotion is that petitioner lacks educational qualification, needed for appointment as Assistant Accountant. 5. Learned counsel appearing for the University submits that a candidate with Intermediate (Commerce) and B. Com. with Accountancy qualification alone can be appointed as Assistant Accountant. He submits that petitioner possesses 2026:UHC:4178 certificate of Madhyma, issued by Hindi Sahitya Sammelan, Allahabad, but, he does not possess Intermediate (Commerce) or B.Com. with Accountancy qualification. He submits that Accounts branch is a specialised branch for which knowledge of accountancy is a must. He further submits that a Group-D employee can be considered for promotion to the lowest post in Group-C cadre, if rules so permit, but there is no right available to a Peon or Mail Messenger to be considered for promotion to the post of Assistant Accountant. He submits that Accounts branch in every Government organisation is a separate branch in which persons with knowledge of accountancy, with requisite qualifications, alone can be promoted or appointed. 6. This Court finds substance in the submission made by learned counsel appearing for the University. A person, who does not possess the requisite qualifications for appointment/promotion to the post of Assistant Accountant cannot be directed to be appointed/promoted to that post. Bachelors Degree in Accountancy is a condition of eligibility for promotion as Assistant Accountant, therefore, anyone who does not possess such qualification cannot be promoted or appointed to that post. Thus, the reason assigned for rejecting petitioner’s representation cannot be faulted. 7. The writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 26.05.2026 Navin