RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned brief holder for the State.

(2.) THE petitioner herein applied for selection and appointment as safai karmi pursuant to an advertisement issued by the respondents on 17.08.2008. The said advertisement provided for reservation of quota of seats for the physically disabled as per the relevant government orders. The petitioner is said to have been selected and appointed on 21.05.2009 pursuant thereto under the physically disabled persons. Subsequently, his appointment was cancelled vide order dated 11.08.2009 on the ground that he did not belong to the category, for which the said post was identified as per the relevant government orders as his disability was with respect to the arms and legs, whereas, the post in question was identified for partially deaf and deaf persons.

(3.) THE submission of the learned counsel for the petitioner is that once the petitioner had been appointed, then there is no provision under the Rules under which his appointment could be cancelled nor was there any provision for constituting any inquiry in this regard. In any event, such cancellation could not have been done without any notice or opportunity of hearing to the petitioner. The learned counsel submitted that as the petitioner was a physically disabled person and there was no such stipulation in the advertisement that the post in question was reserved only for the partially deaf and deaf persons, therefore, the cancellation of his appointment was clearly illegal.