Tuesday, August 14, 2012

Librarians dismissal over lack of qualification upheld


The orders of the Villupuram District Library Officer (DLO), dismissing a librarian (Grade-III) within two weeks from his appointment on the ground that he lacked  necessary educational qualification has been upheld by the Madras High Court.
Justice K Chandru upheld the dismissal order while dismissing a writ petition and a contempt application from Rajesdeena. Petitioner was appointed as librarian at Siruvathur village.
Within two weeks it was found  that he lacked the qualification to hold the post.
By an order dated January 4 this year, Rajesdeena was dismissed from service. Challenging this, he filed a writ petition and the High Court on January 30 admitted it and granted an interim stay of the dismissal order.
Notwithstanding the interim stay, as the petitioner was not allowed to join duty, Rajesdeena filed the contempt application.
Additional Government Pleader P Sanjai Gandhi submitted that the petitioner had studied MA (History) under open university and he did not have the minimum basic degree and the Bachelor of Library and Information Science qualification. Hence, Rajesdeena could not be appointed as the librarian Grade III.
Citing a Supreme Court decision, Justice Chandru said that obtaining the PG degree under the OU scheme without the basic UG degree would not amount to having the qualification in terms of the minimum general educational qualification prescribed for any service under the State. Hence, there was no illegality in the dismissal order served to Rajesdeena.
The contempt petition could not survive in view of the dismissal of the writ petition, the Madras HC judge added.

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