1. KHILJI ARIF HUSSAIN, J.---Brief facts of the case are that the petitioner filed constitution petition before the learned High Court seeking declaration as per advertisement (Annexure "B" Page 21 of the Paper Book), there was no requirement of post qualification experience and to set aside termination/cancellation of the employment of respondent being illegal, perverse, mala fide, void ab initio, nullity in the eye of law.
2. ' It is contended by the learned Advocate Supreme Court for the petitioner that petitioner is corporate body having no statutory rules and as such constitution petition was not maintainable and further that the respondent was appointed as contract employee and even if his service was wrongly terminated the respondent has remedy by filing suit for damages as unwarranted workers can not be imposed upon the employer. It is further contended that the post qualification experience of two years was mentioned in the advertisement published in newspaper which is as under:-- 02Audit Officer 1701(i) M.Com/MBA (Major in. Finance with 2 years experience or B.Com with 5 years posts qualification experience in BPS-16 or equivalent thereof in Audit and Accounts of Government Department/Semi Government Organization/Corporations/Autonomous Bodies or large public limited Companies of repute.
3. ' Termination letter was also specifically provided that services of respondent were termination as he has lack of required 2 years experience and such order, of terminated was posted immediately after appointment of the respondent. Learned High Court non-suited the petitioner merely on account that such plea was not taken by the petitioner in parawise comments or in the order of termination or at the time of termination of the services which appears to be,misreading of records. The petitioner specifically stated in his parawise comments about the post qualification experience.
4. ' Leave to appeal is granted, inter alia, to consider whether petition is maintainable against corporate body having no statutory rules and whether contract employee after termination of services by the competent authority can be reinstated in exercise of powers under Article 199 of the Constitution.
2. Notice. In the meanwhile, operation of impugned judgment is suspended.