M.L. Bhatt, J. - (1.) THE petitioners who are 33 in number, Pray for writ of certiorari for quashing the order dared 5 -5 -1990 passed by respondent No. 2 and seek a writ of mandamus directing the respondents to permit the petitioners to appear in the Lekhpal examination of the year 1989 -90 which was to commence from 13 -6 -1990. This Court has passed an interim order dated 16 -7 -1990 permitting the petitioners to appear in the said examination which was to commence on l8 -7 -1990 and the said order was subject to further orders which might be passed by this Court. In pursuance of the said order the petitioners are said to have appeared in the examination and their prayer is now that their result may be declared. Pleadings of the parties are complete. Counter and rejoinder affidavits have been exchanged, therefore, learned counsel for the parties requested for disposal of the writ petition finally in accordance with the Rules of the Court. This writ petition is, therefore, being disposed of at the admission stage, finally.
(2.) IN order to understand the controversy, it is necessary to give brief resume of the facts as set out in the pleadings of the parties. It is averred in the writ petition that there was a Government scheme of employing unemployed persons, framed in 1973 -74. A large number of untrained Lakhpals were given training, Thereafter, they were to be sent for regular training. The petitioners are said to have worked on the past of Lekhpal for more than one year during the period 1980 -83. The petitioners were not paid salary for the work done by them. Some Lekhpals are said to have filed a writ petition in this Court and in the Lucknow Bench of this Court. In pursuance of those decisions the Government proposed to regularise the services of untrained Lekhpals. Government Order dated 15 -1 -1986 was issued. The said order directed the District Magistrate for sending various categories of untrained Lekhpals for regular training. The said Government order is annexed as Annexure - -1 to the writ petition. The Lekhpals who have completed one year's service between 13 -9 -1976 up to 1 -6 -1983 were entitled to be sent for training. The petitioners are said to have completed one year service and they applied for being sent for the training. Respondent No. 3 after considering the claims of the petitioners is said to have asked the District Magistrate, Mirzapur Agra for admitting the petitioners in Government Leakhpal Training Centre Agra for training. Copies of the order are annexed to the writ petition After satisfying himself respondent No. 3 is said to have asked respondent No. 4 that the petitioners were fully eligible in every respect to receive training. Copy of this order is also placed on the record. Since March 1989 the petitioners are said to be getting training as regular candidates in Government Lekhpal Training Centers Agra, They are said to have paid training fee month by month and completed their training for one year. After that the impugned order was issued whereby the name of the petitioners was struck off from the roll of the college by an order of the District Magistrate. The said order is challenged on the ground that it is violative of principles of natural justice and passed behind the back of the petitioners. The petitioners submit that they were struck off from the roll because in the opinion of the respondents they were unpaid Lekhpals. Cancellation of their admission on this ground is illegal and arbitrary. The petitioners have worked for one year which is duly certified and were eligible to appear in the examination. The impugned order was passed without notice to the petitioners and was against the facts and circumstances of the case.
(3.) IN their counter the respondents have stated that the petitioners have got admission in the Lekhpal Training College by fraud and on forged documents about which enquiry has been set up. The eligibility of the petitioners to appear in the examination is also questioned and it is stated that the orders on which the petitioners rely are out come of the fraud and misrepresentations. The officers who had helped the petitioners in forging the documents are being prosecuted. A criminal case was filed against them. The petitioners have filed a rejoinder affidavit also. It is stated that the petitioners have completed necessary formalities and have been issued certificate by the District Magistrate, Mirzapur and Deputy Land Management Commissioner. The petitioners have been admitted in the college and they have completed one year training course. The respondents have levelled acts of fraud and forgery against 32 petitioners as regards petitioner No. 33 it is stated that he has also completed his training alongwith the other petitioners. No notice was given to the petitioners for deletion of their names from the college's roll. All other assertions raised in the counter -affidavit are refuted and denied.;