-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4257 of 2008 Dholya Dosan Abel ..Petitioner vs. 1. Bhiwandi Nizampur Municipal Corporation & anr. ..Respondents Shri A.H.Jalisargi with Shri A.B. Desai for petitioner Shri R.S.Apte for respondent nos. 1 and 2. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 10th December, 2008 10th December, 2008 10th December, 2008 P.C. P.C. P.C. 1. Heard. 2. The petitioner has impugned the order of termination dated 11th January, 2008 which terminates the petitioner’s services as Station Officer in Fire Brigade department. 3. It is the case of the petitioner that the petitioner is in possession of the required qualification and was found fit for being appointed as a Station Officer as he possesses required qualifications and, therefore, the impugned order -2- deserves to be quashed and set aside. 4. Another contention raised on behalf of the petitioner is that even assuming that the petitioner is not eligible for being appointed as a Station Officer,Fire Brigade Department of the Municipal Corporation, the respondent Municipal Corporation has in several cases condoned the eligibility criterion and regularise the appointments of the persons in the Fire Brigade Department. 5. On the other hand, the respondents have filed the affidavit in reply of the Law Officer who is also authorised signatory of respondent no.1 wherein they have stated that the petitioner has suppressed several material facts from this Court and is relying on the appointment order dated 22nd March, 2007 whereby the petitioner was appointed as Station Officer in Fire Brigade Department of respondent no.1 Corporation. It is, therefore, contended that condition no.11 in the said order clearly states that if it is found that the petitioner obtained the appointment on the basis of false and misleading information/documents, the -3- same will be cancelled immediately and, therefore, according to the respondents the requisite qualification for the post of Station Officer is a Graduate in Science and passing the Station Officer’s course from National Fire Service College, Nagpur or experience of having worked for three years as Station Officer in the city having population not less than 5 lacs. Our attention has been drawn to the communication received by the Municipal Commissioner of the respondent Corporation from the Director, Maharashtra Fire and Emergency Services Department, Government of Maharashtraa which clearly lays down the qualification for appointment of the station officer wherein the educational qualifications are spelt out as Graduate specially from Science faculty and should possess a certificate of having passed the officer’s course from National Fire Services College, Nagpur. It is contended that the petitioner is an Arts Graduate and does not possess the required certificate from National Fire Services College, Nagpur of having passed the officer’s course. 6. In so far as the contention of the respondents -4- that the person should be a Science Graduate may not be convincing. What is required that he should be a Graduate considering the cases referred to by the petitioner in his rejoinder the respondents have appointed the persons from Arts Faculty in the Fire Services Department of the Municipal Corporation. There is no controversy over the fact that the petitioner does not possess any certificate of having completed the officer’s course from National Fire Services College, Nagpur. 7. The learned Counsel for the petitioner has drawn our attention to the certificate annexed by him as Exhibit B which is purported to have been obtained from All India Institute of Local Self Government, Mumbai which is recognised by the Government of Gujarat. Apart from the authenticity of the certificate, the certificate goes to show that the petitioner was declared successful having been examined for the Sub Fire Officers’ Course at Vadodara in the year 2004 which is not the requisite qualification. We, therefore, do not find any merit in the matter. Petition is dismissed. -5- (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)