- (1.) Through the present petition, the petitioner seeks quashing of order dated 03.07.2015 (Annexure P-1), through which, his services as a Driver (heavy transport vehicle) have been terminated. The petitioner has further prayed for issuance of a direction to the respondents to reinstate him with full back wages, along with continuity in service and other consequential benefits.
(2.) The relevant facts, which need to be noticed for adjudicating upon the present petition, are that in December 2012, the State Transport Department, Government of Haryana, invited applications for appointment of Heavy Vehicle Drivers (on contract basis). The prescribed qualifications were that a candidate should be Matriculate with Hindi/Sanskrit from a recognized Board or University, should be holding a valid transport vehicle driving license and having a minimum of two years' experience of driving a heavy goods vehicle including proficiency in driving heavy passenger motor vehicle or ten years' experience in driving a vehicle in the Armed Forces.
(3.) In pursuance to the aforesaid advertisement, the petitioner applied for consideration of his candidature and being successful in the selection process, was offered appointment, however, subject to the following rider :- "Attested copies of educational and professional qualifications and Matriculation certificates shall be furnished. The documents pertaining to your qualification, experience, age and caste/category, as claimed by you in the application form shall be got checked/verified by the concerned General Manager, Haryana Roadways. If it is found that there is material discrepancy in the educational/professional qualifications, age, caste, reservation benefit under Exserviceman or outstanding sportsman etc. and experience that you had claimed in the application then this offer of appointment shall be treated as null and void." A perusal of the afore-quoted terms and conditions of appointment show that the appointment of the petitioner was subject to verification of his claimed educational/professional qualifications etc. and if, after verification, it was found that there was material discrepancy in the same, then the offer of his appointment shall be treated as null and void. After the verification of the petitioner's Matriculation Certificate, it was found that the Council of Secondary Education, Mohali (hereinafter referred to as the Council), from where the petitioner claimed to have passed his Matriculation examination, was not recognized. As a result thereof, after putting the petitioner to notice, through the order impugned in the present petition, his services were dispensed with. I have heard learned counsel for the parties and with their able assistance, have also perused the record of the case. Neither has it been pleaded in the writ petition nor during the course of arguments it was shown as to the Statute under which the Council had been established or had been recognized under. The only argument raised was that the Council was registered under the Societies Registration Act, 1860 and that it was recognized by different Boards including the Panjab University, Chandigarh. Once the Council has not been established by any Statute, and that it does not have any statutory backing or recognition by any statutory body, it would be considered as an un-recognized Institution. Resultantly, any person including the petitioner claiming himself to be in possession of qualifications imparted by the Council, would have to be considered to be a person having un-recognized qualifications.;