RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) In a programme launched by Central Government as well as State Government, known as Post Portem Programme, a large number of appointments were to be made on different technical posts. This programme was running under the Department of Obst. and Gynaecology of Moti Lal Nehru Medical College, Allahabad at S.R.N. Hospital Campus. The technical posts included the post of Projectionist. One Mohd. Rizvi was holding the said post in Moti Lal Nehru Medical College under the Principal, M.L.N. Medical College, Allahabad--respondent No. 3. Sri Rizvi died on 16.7.1993 and consequently, the said post had fallen vacant. The petitioner applied for the said post. The Principal of the College sought clarification from the Director General, Medical Education and Training, U. P., Lucknow--respondent No. 2 by letter dated 9.6.1994. The Director General, in his turn, recommended the appointment of the petitioner by his letter dated 30.3.1995 after verification of the services and other papers of the petitioner. Dr. K. N. Singh, the then Principal of the M. L. N. Medical College. Allahabad appointed the petitioner on 17.6.1995 in the pay scale of Rs. 950-1,500 on temporary basis vide Annexure-6 to the writ petition. The services of the petitioner were terminable at any time, without notice. The petitioner joined on 1.7.1995. After the removal of Dr. K. N. Singh from the post of Principal. Dr. (Smt.) Krishna Mukherjee took over as Principal. An enquiry was initiated against the irregular and illegal appointments made by Dr. K. N. Singh and the Committee, which was formed for the purpose came to the conclusion that Dr. Singh had made appointments on 39 posts of Class III cadre and 43 posts of Class IV cadre. The services of 21 illegally appointed Staff Nurses were dispensed with. It was also found that the appointment of the petitioner too was against the rules, inasmuch as, he was appointed without having the minimum requisite qualifications for the post and that the procedure prescribed by the rules for appointment was not followed.

(2.) It is an admitted fact that the service conditions of the petitioner are governed by U. P. Chikitsha Adhinastha Karyalaya Samuh 'Ga' Takniki Rules, 1991 (hereinafter referred to as 'the Rules'). Under item No. 15 of the Rules, the post of Projectionist-cum-Mechanic is mentioned and the minimum requisite qualification for the post is High School with Science and Maths by U. P. Board of High School and Intermediate Education, or. equivalent thereto, and a certificate from the recognised Industrial Training Institute (for brevity called TIT) in the relevant field/profession, duly recognised by the State Government. Admittedly, the petitioner does not fulfil the aforesaid basic qualification as he is not possessed of a certificate from any recognised ITI in the discipline of Projection. The petitioner could not produce the certificate, as aforesaid, though he submitted a reply on 21.5.1997, which is contained in Annexure-10 to the writ petition, to the show-cause notice dated 16.5.1997 (Annexure-9 to the writ petition). Not satisfied with the explanation submitted by the petitioner, his services were terminated by the impugned order dated 30.5.1997 (Annexure-11 to the writ petition) and steps had been taken to call for the list of the eligible candidates from the Employment Exchange.

(3.) The petitioner has challenged the order of termination as well as the letter dated 23.7.1997, which has been written by the Principal to the Employment Exchange calling for the name of eligible candidates. He has prayed by means of the present writ petition that the termination order dated 30.5.1997, Annexure-11 to the petition, and the communication dated 23.7.1997 made to the Employment Exchange be quashed and the respondents be restrained from preventing the petitioner to discharge his duties as Projectionist.