Probationer without qualification has no right to job: SC


A probationer who does not possess the requisite qualification, like command over the regional language of the place where he is posted, cannot claim a right over the job, the Supreme Court has said. The apex court's observation came while upholding the Punjab Government's decision to remove a chowkidar from service after an year's probation. "If he does not possess the requisite qualification, this court and, also for that matter the High Court, could not issue a writ (direction), which would be futile in nature," the apex court said. Rejecting Mukesh Kumar Badoni's plea, the Court said "The institution in question being a girls' institution, a chowkidar is required to possess a certificate of knowledge of the Punjabi language." Badoni was appointed as chowkidar on August 3, 2002 on a year's probation by the Director of Public Institution which runs a women's college. However, at the end of the probation his services were dispensed with by the authorities on the ground that he did not pass the Punjabi subject in Class VIII, which was a pre-requisite for the post. Badoni challenged his termination before the Punjab & Haryana High Court which dismissed his plea following which he appealed in the apex court. Upholding the authorities' contention, the apex court said that Badoni had failed to produce any material either before it or the High Court to claim that he possessed the knowledge of Punjabi.

 
Published in Labour & Service Law
Source : , www.india.gov.in
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