Ajay Rastogi, J. - (1.) WITH the consent of parties, the matter is finally decided at this stage.
(2.) INSTANT petition has been filed by petitioner assailing order of his termination Ann.6 dated 6th March, 2007 from the post of Senior Teacher [English] on the premise that benefit of three bonus marks has wrongly been given to him on account of his participation in Debate Competition at the State level. Petitioner applied for the post of Senior Teacher in pursuance of advertisement dated 2nd November, 2003 [Ann.2] and placed Certificate [Ann.3] of his participation in State Level Competition in the year 2000 -01. After due consideration of his eligibility and being in order of merit, secured 75.56% marks and was at No. 12 in general category was appointed as Senior Teacher in the department of Sanskrit Education vide order dated 22nd December, 2006 [Ann.4] - pursuant to which, petitioner joined service. It appears that his merit once determined was re -examined and observed that he was not entitled for 3 bonus marks with respect to his participation in Debate Competition and in absence thereof, his name does not find place in the order of merit. As such, his services were terminated vide order Ann.6 dated 6th March, 2007.
(3.) COUNSEL for petitioner submits that as per circular issued by the respondents in terms of which their merit was to be determined it includes bonus marks in regard to those who have participated at the State Level Competition and as such, its an error which has been committed by the respondents in re -determining his merit at a later stage and apart from it, no notice or opportunity of hearing was afforded to the petitioner before passing order impugned and thus, their action is in clear violation of principles of natural justice.;