- (1.) THE present writ petition has been preferred for an appropriate writ, order or direction in the nature of certiorari for quashing the office order No. 220 dated 24.2.2003 issued by the respondent No. 1 (Annexure -7) whereby and whereunder the petitioner's appointment in the post of stenographer, Gr. -III (Hindi) has been cancelled on the alleged ground that the examination, "Sahityalankar" from the Hindi Vidyapith, Deoghar passed by the petitioner is not equivalent to Graduation without any enquiry and verification which has, caused serious prejudice to the petitioner. The further prayer is for issuance of any other writ in the nature of mandamus directing/commanding the respondents not to give effect to the aforesaid order dated 24.2.2003 (Annexure -7) and to reinstate the petitioner with all consequential benefits.
(2.) THE facts in brief are set out as under: - According to the petitioner, he passed "Sahityalankar" examination with English in the year 2001 from Hindi Vidyapith, Deoghar and was accordingly granted "Sahityalankar" Certificate. An advertisement was issued in the month of November, 2002 in the daily newspaper "Hindustan" for appointment in the various posts including Stenographer, Grade -III (Hindi) in a public sector undertaking. The petitioner, being fully eligible, applied for the said post and upon due process of selection was finally appointed in the post of stenographer, Grade -III (Hindi) on 7.1.2003 and was directed to join on or before 27.1.2003 and to report for duty before the respondent no. 2 at Ranchi on or before 7.2.2003. Petitioner immediately on receiving appointment letter gave his joining on 17.1.2003 and was working to the full satisfaction of the respondent. However, on 3.2.2003 the Senior Law Officer, HUDCO asked the petitioner for producing recognition certificate with regard to 'Sahityalankar' from Hindi Vidyapith, Deoghar as an equivalent to graduation. The counsel for the petitioner submits that the petitioner with his explanation, submitted the notification for recognition from the Government of Bihar, contained in Memo No. 81 R 1 -303/84 Ka 541 Patna dated 11.1.1991 (Annexure -8/2) in which it is clearly mentioned that the Government of Bihar has given permanent recognition of 'Sahityalankar' as equivalent to Bachelor of Arts with the condition that one subject is must be English. The petitioner in his explanation clearly stated that he has passed in English subject which will be evident from the marks sheet issued by Hindi Vidyapith, Deoghar. He further submits that the respondent No.1 without considering the explanation of the petitioner and the Government notification for recognition (Annexure -6 series) cancelled the appointment letter No. F.5(49)/ 2002 dated 7.1.2003 alleging that the examination passed is not equivalent to graduation vide its impugned office order No. 220, dated 24.2.2003 which is sought to be challenged in this writ petition.
(3.) THE main contention raised by the counsel for the petitioner is that the entire action is arbitrarily, illegal and mala fide apart from being unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India. It has also been contended that 'Sahityalankar' from Hindi Vidyapith, Deoghar is equivalent to graduation as per the recognition given vide Notification of Government of Bihar, dated 11.1.1991 and the Government of India, dated 18.2.1970. ;