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2019 Supreme(All) 2096

ANIL KUMAR, SAURABH LAVANIA
Neetu Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Shailendra Misra
For the Respondents: C.S.C. and Abhinav N. Trivedi

JUDGMENT :

Saurabh Lavania, J.

1. Heard Sri Shailendra Misra, learned counsel for the petitioner, learned C.S.C. for the opposite party No. 1 and Sri Abhinav N. Trivedi, learned counsel for the opposite party Nos. 2 and 3.

By means of the instant Writ Petition the Petitioner who is working as Professor in the Department of Centre for Advanced Research (Molecular Biology) of King George's Medical University (hereinafter referred to as 'KGMU') has sought a Writ of Quo-warranto against Respondent No. 4 Dr. Shailendra Saxena working as Professor in the Department of Centre for Advanced Research (Stem Cell/Cell Culture Lab) requiring him to show-cause as to under which Authority of Law he is holding the post of Professor.

In the present writ petition, following main relief has been sought:

    "(i) Issue a writ, order of direction in the nature of Quo warranto requiring the opposite parties to show that by which authority opposite party No. 4 is holding the post of Professor Centre for Advance Research (Stem Cell/Cell Culture Lab) K.G.M.U., Lucknow."

2. The Writ Petition has been filed on the ground that the Respondent No. 4 lacks the educational qualification as required by an incumbent for bein

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