( 1 ) THIS is an application under Article 226 of the Constitution praying that an order passed by the u. P. Government dated 5-8-1954, terminating the services of the applicant be quashed.

( 2 ) THE facts are fully set out in the affidavit filed in support of the petition. The applicant is a refugee from Punjab. He passed his M. B. B. S. degree from using Edward Medical College, lahore in 1939. He migrated from Pakistan to India in 1947 and started residing in Hardwar in district Saharanpur. He was appointed to the U. P. Public Health Service from 20-6-1949 for a period of six months and was posted at Dehra Dun as Medical Officer, Anti-Epidemic operations. On 10-8-1949, he received a communication from the Assistant Director of Medical and Health services, U. P. to the effect that the orders for his permanent appointment in the U. P. Public health Service have since been received. He was, therefore, advised to stick to his appointment. When serving at Dehra Dun, he was asked to appear before the Medical Board in 1949 and again before the U. P. Medical Board and was declared fit by the said Board in April 1950. After this he was appointed as Medical Officer Anti-Epidem