Chandramauli Kumar Prasad, J.

1. This application has been filed for quashing the order as contained in memo dated 30th December, 2002, (Annexure-2), whereby the service of the petitioner has been terminated on the ground that he was illegally appointed.

2. According to the petitioner, a notice was published in the Notice Board inviting applications for appointment to the post of peon and in response thereto, he offered his candidature by submitting an application (Annexure-1) inter alia stating that he has been registered in Employment Exchange at Bhagalpur bearing Registration No. 7622 of 1986. Said application was addressed to the Headmaster of High School, Gouripur, hereinafter referred to as the school. The Headmaster of the School interestingly put a note on the application of the petitioner and recommended for his appointment on the ground that he has been found fit for appointment by the Selection Committee constituted at the school level. The District Education Officer, by letter dated 6th of April, 1990 (Annexure-3), accorded permission to the Headmaster of the School for appointment of the petitioner absolutely on temporary and ad hoc basis. In the light of the aforesaid permission, the Headmaster of the school by Office Order as contained in memo dated 6th of April, 1990 (Annexure-3), appointed the petitioner to the post of orderly peon on purely temporary basis.

3. According to the petitioner, in pursuance of the aforesaid order, he joined the school on 6.4.1990 and continued to work satisfactorily which would be evident from the certificate dated 25.7.2000 (Annexure-4) granted by the Incharge Headmaster. It seems that the District Education Officer had made several illegal appointments of orderly peons and clerks and when the said fact came to the notice of the State Government, the Director of Secondary Education-cum-Special Secretary, by communication dated 24.9.1997 (Annexure-5), directed the District Education Officer to terminate the services of such clerks and. peons who have been illegally appointed, after giving show cause notices to them. In the light of the aforesaid order, the District Education Officer, by office Order dated 14th of May, 1997 (Annexure-6), terminated the service of six clerks and nine orderly peons including the petitioner.

4. Aggrieved by the same, petitioner preferred C.W.J.C. No. 11242 of 1999 Ashuthosh Kumar V/s. The State of Bihar and Ors., and this Court by order dated 11.2.2000 (Annexure-7), set aside the said order being in violation of the principle of natural justice but gave liberty to the State to pass fresh order in accordance with law after giving notice to the petitioner. Thereafter, a show cause notice was given to the petitioner by the District Education Officer by its letter dated 13.9.2002 (Annexure-8) inter alia stating that the petitioner has been appointed without following the procedure of appointment as contemplated in the Circulars of the Personnel and Administrative Reforms Department dated 3.12.1980 and 14.6.1981. It has been further stated that the petitioner was appointed without following the reservation policy. Petitioner was further asked to furnish the Newspaper in which the advertisement was published and the interview letter to satisfy that his appointment was made in conformity with Art. 14 and 16 of the Constitution of India.

5. Petitioner submitted his show cause and the District Education Officer considered the plea taken by the petitioner in the show cause and found that the petitioner was appointed without following the procedure prescribed in Circular dated 3.12.1980,. without advertisement. He also found that no Selection Committee was constituted for appointment nor reservation policy was followed. Accordingly, the District Education Officer found that the petitioner was appointed without following the procedure prescribed and hence, terminated the service of the petitioner by the impugned order as contained in memo dated 30.12.2002.