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1987 Supreme(SC) 962

M.M.DUTT, RANGANATH MISRA
A. N. Shashtri – Appellant
Versus
State Of Punjab – Respondent


Advocates:
C.M.NAYAR, MANIK KARANJAVALA, MINAKSHI ARORA, P.D.SHARMA, P.P.Rao, R.KARANJAWALA, S.K.Bagga

Judgment

RANGANATH MISRA, J.:- These appeals are by special leave and are directed against two separate judgments of the Punjab and Haryana High Court. The first one is against the decision of the High Court in a writ application for quo warranto filed by respondents 2 to 4 while the second one is against the dismissal of a writ petition filed by the appellant before the High Court challenging his reversion.

2. The short facts are that the appellant was appointed as a Professor of Ayurvedic Medicines under the Punjab Government. Later, he was appointed as Deputy Director from which post he was further promoted as Director. By Order dated 21-10-1981 he was reverted to the post of Deputy Director. On 31st October, 1987, the appellant has superannuated. The respondents Nos. 2, 3 and 4, once upon a time students of the appellant came before the High Court asking for a writ of quo warranto challenging the appellants appointment as Director on promotion on the plea that he did not possess the qualification prescribed by the Punjab Ayurvedic Department (Class. I and Class. II) Service Rules, 1963. Rule 6 of these Rules prescribes :-

"No person shall be appointed to the service, unless he pos





















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