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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Jitendra Singh Kushwaha – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
MAHESH CHANDRA TRIPATHI, J.
1. Heard Sri Awadh Behari Singh, learned counsel for the Appellant/respondent No. 5, Sri Ashok Khare, learned Senior Advocate assisted by Sri Kunal Shah, learned counsel for the respondent No. 5/petitioner, Sri Mohan Srivastava, learned Standing Counsel for the State-respondents and Sri Sayujya Singh, Advocate appearing along with Sri Vivek Kumar Singh, learned counsel for the respondent No. 2-National Medical Commission.
2. The present intra court appeal is directed against the impugned common Judgment and order dated 22.12.2023 passed by Hon’ble Single Judge passed in Writ (A) No. 17887 of 2022, (Dr. Sheo Kumar Vs. State of Uttar Pradesh and others), Writ (A) No. 11798 of 2021, (Dr. Jitendra Singh Kushwaha Vs. State of Uttar Pradesh and others) and Writ (A) No. 4236 of 2022 (Sheo Kumar vs. State of Uttar Pradesh and Others).
FACTUAL MATRIX OF THE CASE
3. Facts in nutshell essential for disposal of the instant appeal are noted herein-below:
| Petitions filed by the respondent No. 5/Petitioner | Petition filed by the Appellant/respondent No. 5 |
| 1. Writ (A) No. 17887 of 2022 was filed by Dr. Sheo Kumar, whose selection was canceled | |
Experience as an Additional Professor is equivalent to that of a Professor for appointment as Principal in a Medical College, as affirmed by MCI and NMC regulations.
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should....
while two posts are to be equated, the equivalence of salary of the two posts is one of the factors to be considered while equivalence has to be granted.
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
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