D.P.SINGH, J. - (1.) HEARD Shri V.K. Singh, counsel for the petitioner, Learned Standing counsel for the State respondents and Shri Nitin Sharma for the private respondents.
(2.) THIS petition is directed against the cancellation of the appointment of the petitioner dated 22.10.2005. Brief facts for decision of this petition are that Janta Inter College, Kharkhauda, in district Meerut is a duly recognized and aided institution wherein the petitioner was initially appointed as an Assistant Teacher in the B.T.C. Grade on 1.8.1972. After having completed five year service he was promoted to the C.T. Grade and was granted the selection grade on 1.1.1986. When C.T. Grade was declared as a dying cadre he sought merger of his services in the L.T. Grade in pursuance of the Government order dated 24.5.2004. At this stage his certificates, including that of Intermediate and the B.T.C. training certificate were sent for verification where it was found that though the petitioner had appeared for his Intermediate Examination in 1969 conducted by the U.P. Board for High School and Intermediate Examinations, he had failed and the certificate submitted by him was found to be fraudulent and this fact was duly certified by the Secretary of the Board. In pursuance thereof, he was issued a show cause notice whereafter his appointment was cancelled by the impugned order.
(3.) THE only argument urged on behalf of the petitioner is that as his services were terminated without obtaining prior approval from the U.P. Secondary Education Services Selection Board and therefore, in view of Section 21 of U.P. Act No. 5 of 1982, the order was void and as such ought to be quashed.;