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2023 Supreme(Chh) 224

RAMESH SINHA, SANJAY K. AGRAWAL
Raman Sahani S/o Late Shri Suraj Prakash Sahani – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Goutam Khetrapal, Advocate.
For the Respondent:Shri Jitendra Pali, Shri Rajeev Shrivastava, Mr. Sourabh Sahu, Advocate

ORDER :

Sanjay K. Agrawal, J.

1. Initially, the writ petitioner had filed this petition calling in question the legality, validity and correctness of the order dated 09.03.2019 (Annexure P/1) by which the services of the respondent No. 9 has been absorbed on the post of Associate Professor (Ophthalmology) in accordance with sub-rule (4) of Rule 6 of the Chhattisgarh Chikitsa Shiksha (Rajpatrit) Tatha Sewa Bharti Niyam, 2013 (for short, the Rules of 2013) and further claimed a relief that appropriate action be taken against the erring officers including the respondent No. 8, who are instrumental in appointing the respondent No. 9 on the post of Associate Professor.

2. On 13.01.2021, the question with regard to maintainability of the writ petition was raised on the ground that in a service matter, PIL is not maintainable pursuant to which the petitioner filed an application for amendment in the writ petition which was ultimately allowed on 02.07.2021. Accordingly, the petitioner now claims that appropriate writ in nature of quo warranto be issued ousting the respondent No. 9 from the post of Associate Professor of (Ophthalmology).

3. Return has been filed on behalf of the respondents No.

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