RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed for quashing the impugned order dated 15.11.1996 (Annexure-7), by which the services of the petitioner had been terminated for the reason that he did not possess the requisite qualification on the date of appointment.

(2.) The facts and circumstances giving rise to this case are that petitioner possessed the Diploma in Medical Laboratory Technology in 1988 from an Institution at Ghaziabad, which was duly recognised by Para-Medical Society of India. Petitioner was appointed on 22.5.1989 (vide Annexure-3) on the post of Laboratory Technician temporarily for a period of six months. It appears that the said appointment was extended from time to time. Petitioner was issued a notice dated 24.10.1996 (Annexure-5) to show cause why his services should not be terminated as he did not possess the requisite qualification. Petitioner filed his reply on 5.11.1996 (Annexure-6), wherein he contended that he had never made any misrepresentation or played any fraud in seeking employment. Moreover, during this period, he had also completed the training in Malaria Microscopic for a period of thirty-four days from R.C.O., Jaipur. Thus, he requested that even if he did not possess the requisite qualification, as he was in service for a long time, he may be allowed to continue and his appointment may be regularised. After considering his explanation, impugned order dated 15.11.1996 (Annexure-7) was passed terminating his service. Hence this petition.

(3.) Heard Mr. A.K. Rajwanshi, learned counsel for the petitioner and Mr. G.L. Khatri, for the respondents.