By the Court.—A Nationalized Bank, Union of India notified recruitment of managerial posts under the Union Bank Recruitment Project - 2009. The notification as advertised, apart from other posts, included 100 posts of Manager (Credit).

2. According to the advertisement, the last date for receipt of applications was 11.7.2009 but for applicants from remote areas it was 18.7.2009. The tentative date for written examination was 6.9.2009. The basic minimum educational qualifications for the posts were notified as Graduate with 50% marks in the aggregate (45% for Reserved Category Candidates) from a UGC recognised/AICTE Accredited University/Institution and a degree in Masters in Business Administration (MBA)(Finance) or in Masters in Management Studies (MMS)(Finance) etc.

3. The advertisement further provided that the candidates must possess the minimum prescribed qualification as on 31.5.2009 and must attach proof thereof. In case it is detected at any stage that the candidate does not satisfy the conditions stipulated or does not fulfil any of the eligibility criteria and/or has furnished any incorrect information and/or has suppressed any material information his candidature will stand cancelled. In case he gets appointed, his services will be summarily terminated.

4. In short, the advertisement for the post of Manager (Credit), apart from other things, prescribed the minimum qualification of degree in Masters in Business Administration (MBA) (Finance) and that the candidate should possess that qualification as on 31.5.2009.

5. The petitioner applied in pursuance of the above advertisement within the prescribed time. In the application form he, inter alia, stated that he is MBA from Uttar Pradesh Technical University, Lucknow, specialised/stream/discipline in Management and had studied Marketing, Finance, Human Resource and Information Technology. He had passed MBA in the year 2007 - 2009 precisely in June, 2009 with 64% marks.

6. The application of the petitioner was entertained and he was allowed to participate in the selection procedure. He was duly selected and was appointed on 12.7.2010 as Manager (Credit).

7. After about 5 years of working a departmental inquiry was instituted against him and he was charge-sheeted on 3.10.2015. The charge against the petitioner was that he did not possess the required educational qualification of MBA (Finance) on the cut off date i.e. 31.5.2009 notified in the advertisement. He completed the said course subsequent to the said date. Thus, by the aforesaid act of omission and commission on his part, he has misconducted himself and has acted in contravention of Clause 13 of Union Bank Recruitment Project - 2009. This act on his part is unbecoming of a Bank Officer.

8. In the aforesaid departmental proceedings, an inquiry report was submitted on 31.12.2015 on the basis of which the services of the petitioner were terminated vide order dated 5.7.2016 holding that he was not eligible to apply for the post in question and that he had knowingly submitted incorrect and misleading information in his application with malicious intention to secure a job.

9. The aforesaid order of removal of the petitioner is impugned by means of this petition.

10. The petition was entertained vide order dated 20.7.2016 and the termination order was stayed with the result the petitioner continued in service and probably he has been considered for promotion also, the result of which has been kept in sealed cover.

11. We have heard Sri Ashok Khare, Senior Counsel appearing for the petitioner and Sri Vivek Ratan Agrawal, learned counsel for the respondents.

11. Both of them agreed for final disposal of the petition on the basis of the affidavits exchanged between the parties.

12. Sri Khare has argued that the respondents are estopped under law from terminating services of the petitioner on the ground that he was not qualified for the post in question on the cut off date notified; the petitioner had disclosed full