(1.) This Letters Patent Appeal is filed against the order dated 24.10.2013 passed in W.P. (S) No. 1008 of 2013, whereby the writ petition of the appellant was dismissed holding that the appointment of the appellant was temporary and that it was subject to verification of the records and, therefore, order of termination does not suffer from any illegality. The appellant was appointed on the post of Constable pursuant to the Advertisement No. 1 of 2010 on 1.7.2012 and he joined the services and allotted Force No. 205 and further joined JAP Training Centre (JAPTC) for the purpose of training. The appellant suddenly received a letter bearing No. 2024 dated 28.12.2012 issued by the Superintendent of Police, Koderma to the effect that the certificates produced by the appellant of Class-VII is not from a Government recognized school and was asked to show cause as to why the appellant should not be terminated from services on that ground.
(2.) The appellant submitted his reply to the show cause, stating that after passing Class-VII from Sharda Ucha Vidhyalaya Mandi, Khurd, Hazaribagh (not Government recognized), he passed Class-VII I from a Government School, Vidhya Mandir Uccha Vidhyalaya, Bengwari and since only Class-VII pass is required qualification for the appointment to the post of Constable, the appellant had not annexed the certificate of Class-VIII issued by Vidhya Mandir Uccha Vidhyalaya, Bengwari. After submission of reply of the appellant, vide Memo No. 177 dated 28.1.2013 issued by the Superintendent of Police, Koderma, the appellant has been terminated from the service of the Constable..
(3.) Challenging the order of termination, the appellant filed the writ petition and the same was dismissed on 24.10.2013 holding that in the advertisement there is a specific requirement as to the educational qualification and the appellant was required to have a certificate of Class-VII from a Government recognized school for being eligible for appointment on the post of Constable. It was further held that the appointment of the appellant was only temporary which was subject to verification of the records and there was no requirement for holding a departmental enquiry and the writ Court dismissed the writ petition.