KAMAL KUMAR CHOUDHARY @ KAMAL CHOUDHARY, SON OF LATE MITHU CHOUDHARY Vs. STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE, BIHAR,

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Bihar Public Service Commission.

(2.) In this writ application, petitioner has challenged the order of the Director, Health Services dated 27.1.2006, annexed as Annexure-1, by which his services as T.B. Assistant in the Primary Health Centre, Banmankhi have been terminated. It is mentioned in the order that after enquiry it was found that the petitioner had obtained the training certificate prior to his passing Matriculation Examination. It is also mentioned there that the certificate of Bihar School Examination Board bears his name as Kamal Choudhary whereas petitioner applied for and got his appointment in the name of Kamal Kumar Choudhary.

(3.) It is not disputed that pursuant to an advertisement dated 5.5.1997 published in the newspapers, petitioner applied for the post. He was called for interview, vide Annexure-4, which was fixed for 16.3.2000. After interview, he was found eligible and selected and was appointed vide Anneure-6 dated 24.12.2001. Petitioner continued in service thereafter. Subsequently, the certificate of the petitioner of training was sent to the said Institute for verification and by Annexure-7, the Director of the Tuberculosis Demonstration and Training Centre submitted a report confirming the said certificate. After confirmation of certificate of training of the petitioner, his services were confirmed by the respondents.