# B.S.Sisodia v. State of U.P. & others

- **Citation:** (1999) 1 ILRA 83
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1999
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/b-s-sisodia-v-state-of-u-p-others-39121
- **Pages:** 2

## Text

1 All.] ALLAHABAD SERIES 83

 In the decision in Kishori Raman Shiksha Samiti Mathura V.
RIGS, Agra (supra) relied upon by the learned counsel for
respondents the person who was first in the panel died five days after
joining as principal. In my opinion this decision is distinguishable
because in the present case Mohd. Naim had worked for 11 months
as Principal and then he retired. In my opinion in this situation a
fresh selection had to be held by the Commission or Board (which
now stands substituted for the Commission).

In the circumstances this writ petition is allowed. The
impugned orders are quashed, and the respondents are directed not to
interfere with the petitioner's functioning as officiating principal of
the institution in question.

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1998
------
B.S.Sisodia
 Vs.
State of U.P.
& others
------
M.Katju, J.
1998
------
September, 1
84 THE INDIAN LAW REPORTS [1999
By the Court

1. Heard Sri Mahesh Gautam for the petitioner and Sri Piyush
Agarwal holding the brief of Sri V.R. Agarwal for the respondent.

2. The petitioner had been appointed as stipendary trainee by
the respondent but that appointment has been cancelled by the
impugned order dated 28.4.98 annexure-1 to the writ petition on the
ground that the petitioner did not disclose his higher qualification of
B.Sc. Thus the ground for cancelling the appointment is that he is
over qualified.

3. In similar writ petition No. 15696 of 1998 Jitendra Sharma
V. Nuclear Power Corporation of India Limited and another this
court quashed the impugned order by its judgment dated 13.8.98. In
that case also the appointment had been cancelled on the ground that
the petitioner was over qualified, and this court had held that of a
person's appointment can be cancelled if he is under-qualified but
not on the ground that he is over qualified, rather the respondent
should have given weightage to the fact that the petitioner had got
higher qualification.

4. Following the said decision, this petition is allowed. The
impugned order dated 28.4.98 is quashed.

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1998
------
Dropal Singh
 Vs.
N.P.C.I. Ltd.
& another
------
M.Katju, J.
1998
------
September, 1