S.R.SINGH, J. - (1.) HEARD Sri W.H. Khan for the petitioner and Sri Ravi Ranjan Agarwal, Brief Holder representing the respondents.
(2.) THE petitioner was appointed on the post of Sanitary Inspector in Moti Lai Nehru Medical College, Allahabad vide order dated 17.5.1995 in the scale of Rs. 1200 -30 -1560 -E.B. -40 -2040. Appointment was made after following the prescribed procedure. The requisite qualifications for the post in question, as mentioned in the advertisement annexure No. 1, was Intermediate with Science as a subject. By means of letter dated 11.3.1997 the petitioner was required to produce the original mark sheet of High School and Intermediate Examinations besides original certificate of 'Health and Hygiene ' granted by institution recognised by the Government. These documents, the petitioner was required to produce by 13.2.1997 before the Principal of the College. The Petitioner submitted the original certificates and mark sheets of the High School and Intermediate Examination and in respect of the Health and Hygiene certificate issued by an institution recognised by the Government, it is submitted by the learned counsel for the petitioner that no such certificate in the State of U.P. or in the neighbouring State is being issued. By letter dated May 6, 1997 the petitioner was informed that the following qualification was prescribed for the post of Sanitary Inspector: "Madhyamik Shiksha Parishad, Uttar Pradesh Ke Vigyan Ke Sath Intermediate Pariksha Uttirn Hona Sarkar Dwara Manyata Prapt Kisi Sansthan Se Health Tatha Hygiene Ka Praman Patra Rakhna." Accordingly the petitioner was required to show cause why appropriate action be not taken in respect of his appointment since he was not possessed of the requisite "minimum educational qualification." The petitioner submitted his reply vide letter dated 13.5.1997. By impugned order dated 30.5.1997 (Annexure No. 9) services of the petitioner was terminated on the ground that he did not fulfil the requirement of possessing the "minimum prescribed educational qualification." Since there was some correction in the impugned order dated 30.5.1997 (Annexure No. 9) Sri W.H. Khan appearing for the petitioner was required during the course of arguments to produce the original letter received by him. Learned counsel produced the letter which reads as under: "Aapki Niyukti Dr. K.N. Singh Tatkalin Pradhanacharya Moti Lai Nehru Medical College, Allahabad Ne Apane Aadesh Sankhya Aa. Pa./95/467/ Dinank 17.5.1995 Dwara Sanitary Inspector Ke Pad Par Tadarth Rup Se Vetanman Ru. 1200 -2040/ -Mein Ki Thi. Aap Ukt Pad Par Niyukti Hetu Nirdharit Nuantam Shaishik Aharta Purn Nahin Karte Hai. Is Tathya Ko Aapane Apane Patra Dinank 13.3.1997 Mein Swikar Kiya Hai Aaisi Dasha Mein Aap Ukt Pad Par Kapat Purn Dangh Se Niyukti • Hokar Kaya Kar Rahe Hai Jabki Aap Ukt Pad Ke Liye Ahar The Aur Paryapt Avsar Diye Jane Par Bhi Aap Ukt Pad Hetu Nirdharit Vanchit Shaikshik Yogyata Pramit Na Kar Sake, Phalath Mahanideshak Chikitsa Shiksha Evam Prashikshan U.P. Jawahar Bhawan, Lucknow Ke Patra Sankhya: Em. E./ Audit/97/1014/ Dinank 2 Mai, 1997 Mein Varnit Nirdeshanusar Aapki Seva Tatkalik Prabhav Se Samapat Ki Jati Hai."
(3.) IT would be thus evident that the appointment of the petitioner has been cancelled on the ground that he did not possess the prescribed requisite educational qualifications. The services of the petitioner have been cancelled on the dictates of the Director General Medical Education and Training U.P., Jawahar Bhawan, Lucknow vide letter dated 2.5.1997.;