Jabalpur: After 25 years of service at Shahdol Polytechnic College in Madhya Pradesh, a driver was suddenly dismissed by the authorities citing lack of required education qualification for the position. However, the MP High Court has quashed the dismissal orders, while noting that experience can replace formal education in this case.
What Is The Case
Reportedly, Ram Dayal Yadav had filed a petition before the High Court after he was removed from the post for 'being only 5th pass'. In the petition, he stated, "I was appointed as a driver in Shahdol Polytechnic College in 1997 on collector rate wages. In January 1998, I was given regular appointment as per the driver vacancy. However, suddenly in 2020, I was issued a show cause notice which mentioned that I did not have required educational qualification at the time of appointment. I was only 5th pass and qualification mandates 8th pass for recruitment, which I didn't have at the time of appointment."
Later, in the probe report, the investigating official also mentioned sympathetic consideration of the case on the basis of experience. Despite this, orders were issued to remove Yadav from the post.
Hearing the matter, the Madhya Pradesh High Court has given much-needed relief to the driver. A bench of High Court Justice Sanjay Dwivedi said, "The experience gained by discharging duties for such a long period is valid enough for the required qualification and position".
The single bench clarified that the post of driver has nothing to do with educational qualification. "It cannot be assured that those who have obtained the degree of an engineer or doctor are good drivers," the bench observed.
High Court Cites Ad Issued 30 Years Ago
Further, the bench found that there was no clarity about the educational qualification for the post of driver in the advertisement issued in 1994 regarding the appointment. The notification also did not mention whether a driver when regularised, should have passed Class 8th or should have in possession a valid driving license. The single bench criticised the authorities for initiating such action against someone who had been in service for 25 years.
HC Orders To Reinstate Dismissed Driver
The bench mentioned, "Employees who do not have the initial educational qualification at the time of appointment gain sufficient experience after several years of service. Such employees cannot be denied permanent employment only on the ground that they do not have the required qualification." Subsequently, an order was passed in favour of the petitioner, cancelling the order of termination of service.
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