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IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
Jitendra Kumar Tiwari, S/o. Surendra Tiwari - Petitioner
Versus
State Of U.P. Thru Principal Secretary - Respondent
Writ A. No. 1330 of 2010 Connected with Writ A. No. 5897 of 2010 connected with Writ A. No. 1413 of 2010
Decided On : 09-08-2023
Quashing order – Orders cancelling appointment – Requested for withdrawal – Writ petitions – Held, Court and order of cancellation of appointment was stayed – State Government filed special leave to appeal petition before Hon'ble Supreme Court, which has been dismissed with liberty to file special appeal before the High Court In pursuance thereof, State Government filed two special appeals before this Court including Special Appeal, which have also been dismissed by Division Bench of this Court vide order – Subsequently, State Government passed an order revoking cancellation of order by means of which appointments were made – When order of writ court was not complied with, several contempt petitions were also filed and vide order respondents allowed persons, who filed writ petitions to join on their respective posts – Writ petition allowed.
ORDER :
1. Heard Dr. L.P Misra, learned Senior Counsel assisted by Ms. Arti Bali, learned counsel for the petitioners and Sri Pankaj Patel, learned Additional CSC for respondent -State.
2. At the very outset, learned Senior Counsel for the petitioners requested for withdrawal of prayer (a) to the writ petitions, which is being quoted as under:
3. Accordingly, prayer (a) to the writ petitions is dismissed as withdrawn.
4. By means of Writ-A No.1330 of 2010, the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner Nos.1 to 4 to join on the post of Pharmacist, petitioner No.5 to join on the post of Stenographer, petitioner No.6 to join on the post of Clerk and petitioner No.7 to join on the post of Store Keeper in Manyawar Kanshiramji Rajkiya Allopathic Medical College, Jalaun on which posts they were appointed in the same manner as other similarly situated persons, including the persons placed below them in the select list, who are being allowed to continue.
In Writ -A No.5897 of 2010, the petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to join on the post of Pharmacist in Government Medical College, Azamgarh on which posts he was appointed in the same manner as other similarly situated persons, including the persons placed below him in the select list, who are being allowed to continue.
In Writ-A No.1413 of 2010, the petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to join on the post of Store Keeper in Manyawar Kanshiramji Rajkiya Allopathic Medical College, Jalaun on which posts he was appointed in the same manner as other similarly situated persons, including the persons placed below him in the select list, who are being allowed to continue.
5. Since all the writ petitions give rise to a similar controversy, the same are being decided by means of a common judgment and order treating Writ-A No.1330 of 2010 to be leading writ petition and the judgment and the judgment and order passed thereon shall be equally applicable to the connected matters.
5. Brief facts giving rise to the present writ petition are as under:
| Sr. No. | Relevant Facts of the Case |
| a. | The State Government established a number of Medical Colleges in the State of Uttar Pradesh including Government Medical College, Kannauj, Government Medical College, Jalaun and Government Medical College, Azamgarh. |
| b. | An advertisement was issued on 29.08.2008 by the Director General of Medical Education and Training (for short, "DGME"), Lucknow - - respondent No.2 for the posts of Lab Attendants, Pharmacists, Drivers, Store Keepers, Stenographers, Typists and Clerk for Government Medical College, Kannauj. In response to the aforesaid advertisement, the petitioners submitted their candidature for appointment on the posts of Pharmacist, Stenographer, Clerk and Store Keeper. |
| c. | Said Medical Colleges were to start from Educational Session, 2009 and before that recognition from Medical Council of India (MCI) was sought for and a panel of MCI was likely to inspect for the purpose of grant of recognition, shortly, for Government Medical College, Jalaun. |
| d. | The appointment of teaching staff, para medical staff and other staffs are a condition precedent for making a |
The main legal point established in the judgment is the prohibition of discriminatory policy in allowing individuals to join a post under the same appointment letter.
The impugned actions were quashed as they were issued in violation of the principles of natural justice and the directions of the court. The court found that the cancellation of the appointment order....
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