Swatanter Kumar, CJ - (1.) Rule in both the writ petitions. Rule made returnable forthwith. By consent of the parties, writ petitions taken up for final hearing and disposal.
(2.) Vide letter dated 20th February, 2009, services of Officer Trainee (Abhishek Vidya Nand Singh, petitioner in Writ Petition (Lodging) No. 808 of 2009) working in the Technical Department of Hindustan Petroleum Corporation Limited at Mumbai Refinery were terminated on the ground that he had furnished incorrect information and secured the employment. The letter reads as under :- "Shri Abhishek February (Exm. No. 31938480) 20, 2009 Officer Trainee Technical Department HRD/RECT/OT Mumbai Refinery Terimination of Services Hindustan Petroleum Corporation Limited (Government of India Enterprise) had published an advertisement in December, 07, whereby applications were invited for the position of Officer Trainees. All candidates having 60% and above marks as aggregate (50% and above for SC/ST candidates) in the qualifying degree were eligible to apply subject to fulfilling other eligibility norms. Now, it has been observed that, in your 'on-line application' and 'Application for Employment' you have furnished that you have secured 62.78% as aggregate in the qualifying degree. However, you have actually secured 55.78% as aggregate in the qualifying degree. Thus, you have furnished incorrect information and secured the employment. Since you have furnished false/incorrect information with regard to the marks secured by you in the qualifying degree, your services are hereby terminated with immediate effect, as provided for under Clause No. 10 of the employment letter ref. HRD/RECT/OT dated 10th June, 08. Sd/- AcknowledgementD.K. Deshpande Executive Engineer-HRD"
(3.) This letter was acknowledged by the petitioner under protest and stating that the averments made in the letter were incorrect and he was accepting the letter under protest with a further prayer to the authorities of the respondent corporation to review the case in light of the facts and Mumbai University Rules. However, the respondent corporation declined to consider the matter any further resulting in filing of the present writ petition.;