- (1.) Heard Sri Hiyat Khan, the petitioner in person and Sri Dinesh Kakkar learned counsel appearing for respondent no.2. the Petitioner sates that he does not press his claim against respondents 3 and 4 and respondent no. 1 is a formal party. In view of this statement this writ petition is taken up for final disposal.
(2.) The Petitioner was a trained Machinist and he joined two year's training with respondent no.2. He completed one year's training and thereafter his training was terminated by the respondents. The petitioner filed Writ Petition No.39148 of 1987 wherein this court set aside the termination order dated 19.9.1997 and permitted the respondents to pass a fresh order after affording opportunity of hearing to the petitioner. The petitioner has completed one year's training and if he is permitted by respondents then he shall undergo one year's further training excluding the period from 19.5.1997 till the date of passing of fresh order. The judgement of this court dated 21.5.1998 is quoted below ; "The petitioner seeks writ of writ of certiorari quashing the order dated 19th September, 1997 whereby the director of Indian Institute of Technology, Kanpur, respondent no.1. informed him that his training has been terminated. The facts, in brief, are that respondent no.l invited the applications for two year's course in mechanic. The petitioner applied for such training course. The Indian Institute of Technology, Kanpur (hereinafter referred to as the Institute conducted the practical test and interview. The petitioner was selected for the training course. He was issued a letter dated 19th September, 1996 intimating him that he has been enrolled as trainee mechanic and he is permitted to join the training course on the conditions mentioned therein. He was also required to execute an agreement. Some of the relevant conditions mentioned in the letter are as follows:- 1. STIPEND: Rs.800/ p.m. in the first year. Enhancement in the stipendary amount to Rs.950/- p.m. could be considered on satisfactory completion of first year of training. You will not be entitled to any other allowances or facility. 2. DURATION: The training period will be for a period of two years with effect from the date of your joining. The training can be terminated at any time without any notice and without assigning any reason. You will be required to work day and/or night as per directions of the authorities of the Institute. Please note that the above is not a job position. You are being enrolled only as a trainee. If the Above terms and conditions are acceptable to you, you should report for training immediately alongwith the original certificates about your date of birth, educational/Technical qualifications and experience etc. and a Photostat copy each thereof for verification by the Institute Authority, latest by 7th October, 1996 failing which the offer so made will stand cancelled automatically."
(3.) The petitioner executed an agreement on 7th October 1996, a copy of which has been annexed as Annexure-C.A.4 to the counter affidavit. The training period has been terminated by respondent no.1 vide impugned order dated 19th September 1997. This order has been challenged on the ground that his training has been terminated without assigning any reason and justification. I have heard the petitioner in person and Sri Dinesh Kakkar, learned counsel for the respondents.;