The principle of natural justice must be observed in appointment cancellations, and fairness of the selection process is crucial in upholding the appointment.

( 1 ) THIS writ petition has been filed by the petitioner praying for a writ of certiorari quashing the impugned order dated 31. 3. 1997 Annexure-1 to the writ petition passed by the respondent No. 3. It has further been prayed that a direction be issued in the nature of mandamus directing the respondents not to interfere in the peaceful working of the petitioner. A further mandamus has been prayed for paying salary and other benefits to the petitioner.

( 2 ) FACTS of the case as emerge from the pleadings of the parties are that there were certain vacancies of Class IV and Class III in the District Hospital. Siddharth Nagar. The Director general. Family Welfare, U. P. , Lucknow wrote a letter dated 16. 10. 1995 to all Chief Medical officers. U. P. for making available the details pertaining to vacant posts under reserved category of Scheduled Castes, Scheduled Tribes and other backward category. The letter stated that the State Government has decided to fill up the unfilled quota of reserved candidates category in which quota is not filled. Letter further stated that the special drive be taken in accordance with the U. P. Public Services (Reservation for Scheduled Caste, Scheduled Tribes and Other Backward Class) Act, 1994. The District Magistrate, Siddharth Nagar also wrote a letter to that effect to the Chief Medical Superintendent, District Hospital, Siddharth Nagar. On the aforesaid basis, the then Chief Medical Superintendent of District Hospital, Siddharth Nagar dr. O. S. Singh constituted a Selection Committee consisting of one Dr. Ashok Kumar, member of Scheduled Caste, Dr. S. K. Arora, Raja Ram Misra a class III employee, one Smt. Munni sonkar, a staff nurse and Sri Babbu Safai Karmachari for holding selection of Class III and Class iv posts. It is claimed that a selection was held on 26. 10. 1995 in pursuance of which the petitioner was issued an appointment order dated 26. 10. 1995 Annexure-6 to the writ petition as chaukidar. In pursuance of the said appointment order, petitioner joined his post and started working and was paid his salary. It appears that complaints were made regarding selection made by Dr. O. S. Singh to the State Government as well as to the Director Medical Health. The director Medical Health directed the Additional Director to submit report pertaining to the selection against Dr. O. S. Singh. Additional Director conducted an enquiry, examined the record and also recorded the statement of Dr. O. P. Singh and other members of the Selection committee and submitted a report dated 20. 4. 1996 to Director. In the Additional Directors report, it has been stated that the selection was conducted only by issuing a notice on the Notice board. It was further stated in the report that no proceedings of selection or details of marks of the candidates was made available. The relations of the members of the selection committee were selected and issued appointment orders. Report further stated that Dr. O. S. Singh went beyond his jurisdiction in making appointment on the post of Dark Room Assistant, Lab attendant, Electrician and Registration-cum-Record Keeper whose appointing authority is director. The selection committee was not constituted in accordance with the rules and in accordance with the Government Orders. No nominee of the District Magistrate was there in the selection committee. On the basis of the report submitted by the Additional Director, all the appointments made by Dr. O. S. Singh was directed to be cancelled. In pursuance of the above, order was issued by the Chief Medical Superintendent, Siddharth Nagar dated 31. 3. 1997 cancelling the appointment of the petitioner. The petitioner has challenged the aforesaid order. Petitioners case is that the appointment was made by the duly constituted selection committee. Petitioner has further stated that the order dated 31. 3. 1997 was passed without issuing any notice or affording any kind of opportunity to the petitioner.

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