1. Through the medium of this writ petition filed under article 226 of the constitution of India, the petitioner, post and position wise a Driver, has challenged the order of dis-continuation issued against him by the Regional Director, Health and Family Welfare, J&K, Srinagar (Respondent No.3) vide his order bearing No: RHOS/419/96-Estt/1031-34 dated; 28/01/1997 (for short impugned order). The petition came up for final hearing on 8/4/1999 Respondents appeared through their counsel whereas the petitioner appeared in person and submitted that he belongs to class of have not and is financially so wreck that he could not keep the commitment of fee with his counsel and expressed his inability to provide assistance of an Advocate to the court. He canvassed that he has been victimised for extraneous considerations. Undoubtedly appealing events were brought to the notice of the court but the difficulty is that the court has to pass a verdict on the strength of the pleadings of the parties and it is not possible for me to determine the questions involved in the writ petition on the basis of a woeful tale revealed by the petitioner in the open court. He has further submitted that the allegation of tampering with the documents is unfounded and no enquiry whatsoever was conducted into the matter. Mr. Bhan learned counsel for the respondents submitted that he is in possession of a communication bearing No: 764/3073/J dated: 3/4/97 which depicts that no school leaving certificate was issued in favour of the petitioner. He has also submitted that a communication bearing No: RHOS/4-19/96/Estt. 1088-89 dated: 19/2/1997 was addressed by the respondent No.3 to the Deputy Commissioner Srinagar to ascertain the correctness of age certificate of the petitioner and reply from the Deputy Commissioner is awaited. These communications produced by Mr. Bhan are taken on record. Mr. Bhan has been heard in opposition to the writ petition.

2. The grounds of challenge have been enumerated in the writ petition and interalia it is contended that the petitioner was initially working as an orderly/Driver on daily wage basis in Kashmir University. He appeared in an interview conducted by the respondents for the post of Staff Car Driver alongwith other nineteen candidates. His excellent performance brought into being his selection by the Selection Committee, constituted for the purpose, comprising Regional Director, Medical Superintendent SMHS Hospital, Deputy Director Rehbar-i-Sehat and Deputy Director Garrages, consequently, a selection letter was issued in his favour bearing No: RHOS/419/ 96-Estt/268-69 dated: 02/08/1996 (Annexure-B to the writ petition) which reads as under: "No. RHOS/4 19/96 Estt./268-69 Government of India Regional Office for Health and F. W. Neelam Chowk, J&K, Srinagar. Dated: 2nd August, 1996.

OFFICE ORDER

Mr. Mohd. Amin Mir S/o. Mr. Sona R/o. Zakura Srinagar has been selected in this office of Regional Office for health and FW, Govt. of India Neelam Chowk, J&K State Srinagar, to the post of a Driver, according to the decision taken by the Selection Board on 30th July 1996. He is hereby instructed to bring his testimonials experience certificates in original for further verification in this office by the 16th August 1996. He is also informed that if he fails to respond to this office order by the prescribed date his selection will be treated as cancelled and the chance will be given to the candidate at Sr. No.2 of the proceedings of the decision taken by the Selection Board in this regard.

Sd/-

(Dr. Mrs. Shazia Wafai)

Regional Director (H&FW)

J&K, Srinagar.

Mr. Mohd. Amin Mir,

S/o. Mr. Sona Mir,

R/o. Zakura, Naseem Bagh,

Hazratbal, Srinagar.

Copy forwarded for information to Shri T. K. Murugan, Dy. Director Administration (M), Dte. General of Health Services, (R. D. Cell) Nirman Bhawan, New Delhi. This is w.r.t.R.D. Cell approval letter No. A. 12033/7/95 RD Cell Dated 31 Jan. 1996 in this regard.

Sd/-

Regional Director (H&FWF)

J&K Srinagar."

In

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