SANGEETA CHANDRA, J. - (1.) This special appeal has been filed challenging the judgment and order dated 21.2.2007 passed in Writ Petition No. 16976 of 1997, wherein the Hon'ble Single Judge has dismissed the writ petition filed by the petitioner challenging the order dated 8.4.1997 passed by the Principal, Institute of District Education and Training, Rampur (herein after referred to as the DIET, Rampur), whereby the petitioner's services had been dispensed with.
(2.) The grounds for terminating the services of the petitioner as given in the order dated 8.4.1997 were that:- (a) he had been appointed by an Incompetent Authority as Afzalurrahman Khan was only officiating as the Principal of DIET, Rampur and was only a substantively appointed L.T. Grade Teacher. (b) Before appointment on the post of Lab Assistant, no requisition was sent to the employment exchange. (c) The advertisement for the selection was not issued in two widely circulated newspapers, but was published only in one local daily "Vishwa Manav" which has circulation only in Bareilly. (d) The advertisement had called for applications from candidates through registered speed post within one week, and adequate number of applicants could not have sent their applications in such short time period. (e) The age requirement of the candidates as per the advertisement was between 18 years to 32 years on 1.7.1995, whereas appointment was made on 17 May, 1995, a selected candidate would have attained 18 years of age only on 1.7.1995 and therefore on 17.5.1995, he would have been less than 18 years of age, the minimum requirement for Government service, the advertisement was therefore misleading. (f) no procedure for appointment of Lab Assistants as prescribed under the Rule was followed (g) the petitioner, Wahid Husain himself had only done High School, Intermediate and B.A. with Art subjects, whereas the minimum educational qualification prescribed for a Lab Assistant is of having passed class 12 with Science subjects. Hence, it could not be said that the petitioner possessed the minimum educational qualifications require for the post.
(3.) The said termination order was passed after giving show cause notice to the petitioner to which the petitioner had also replied and he had mentioned that since the advertisement only prescribed minimum qualification as Intermediate without any specific mention of it being passed with Science subjects, the petitioner was rightly selected. Moreover, Afzalurrahman Khan was officiating Principal of the DIET and therefore he was competent to hold the selection. The reply of the petitioner to the show cause notice was considered and then the termination order dated 8.4.1997 was passed.;