- (1.) A. K. Yog, J. M. K. Choudhary, claims to have been appointed vide letter dated 30th December, 1995 (Annexure 1 to the writ petition) as on temporary basis in M. L. B. Medical College, Jhansi as Lab Technician vide appointment letter issued by the Principal of Medical College. It appears, the authorities required petitioner to submit registration certificate. Petitioner failed to submit registration certificate in spite of several communications. The concerned authorities received information, in course of verification of certificate purported to have been filed by the petitioner, that the mark-sheet of Rani Ahilyabai University, Indore, did not at all exist and that it was forged. An enquiry was conducted and it was found that petitioner submitted fabricated mark-sheet of Rani Ahilyabai University, Indore (a non-existent body ).
(2.) THE petitioner admittedly failed to submit document of registration. Respondent No. 2/principal of the Medical College, Jhansi found that petitioner obtained appointment by producing forged certificate and cancelled his appointment as Lab Technician in the College vide order dated 29th April, 1997 (Annexure No. 3 to the petition ). In the said order two grounds have been taken namely, petitioner had filed forged mark-sheet of Rani Ahilyabai University, Indore and secondly, he had failed to produce registration certificate. There is no ground that petitioner was appointed without following due procedure prescribed for appointment. Petitioner challenged the aforementioned order dated 29th April, 1997 by filing writ petition No. 24634 of 1997. Learned Single Judge (Hon'ble Sudhir Narain, J.) vide judgment and order dated 5-8-1997 disposed of the said petition finally with the observation "it is however open to the petitioner to approach Respondent No. 2. He can submit a representation along with a certificate copy of this order and true copy of this writ petition, on such representation being made, Respondent No. 2 shall dispose of the same after affording opportunity of hearing to the petitioner by reasoned order, within six weeks from the date of making, of the representation. . . . . "
(3.) IN compliance to the aforesaid order, petitioner submitted representation dated August 14, 1997 (Annexure 8 to the writ petition) and then submitted another letter/reminder dated September 23,1997 addressed to the Principal of the Medical College. Copy of the aforesaid reminder dated 23-9-1997 is not on record, A photostat copy of the said letter has been produced by the petitioner's Counsel for perusal of the Court. It shall be retained on record. In the aforementioned representation dated 14th August, 1997 petitioner pleaded two groundsr (i) Registration certificate as Lab Technician could not be produced by him for the reason it was not issued and refused on the ground that he had passed Lab Technician Course from outside U. P. State hence he could not be registered with the said Medical Faculty and that other persons namely, A. K. Srivastava, D. G. Thomas, Rosy Thomas and Gopal Krishan Pillai were given job and continuing in service even though they were also not registered with the State Medical Faculty, (ii) The alleged mark-sheet of Rani Ahilyabai University, Indore alleged to have been filed by the petitioner for seeking appointment was never submitted by him and that he had passed requisite course from 'institute of Medical and Technological Research, Calcutta'. Lastly, it was contended that his services have been determined without affording opportunity of hearing to defend himself.;