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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
K.N.GOYAL, K.N.MISRA, JJ.
Radha Mohan Singh - Appellant
Versus
State of U.P. Others - Respondent
Writ Petition No. 3197 of 1982
Decided On : 24-05-1984
JUDGMENT
K.N. Goyal, J. - This case was listed for final hearing. Under the Statute in question, the post of Registrar of the Medical Council is required to be appointed by the Medical Council with the previous sanction of the Government. In this case opposite party No. 5 has been appointed by the State Government direct. No order of the Medical Council has been forthcoming in spite of several opportunities given to the learned Standing counsel to show the same. As such the appointment made by the Government, without any order of the State Medical Council, is clearly void, and as it is public office held under statute, a writ of quowarranto clearly lies.
2. Accordingly, the writ petition is allowed and a writ in the nature of quowarranto shall issue to the opposite party No. 5 requiring him to desist forthwith from acting as Registrar, U.P. Medical Council or as holder of any other office held by him exofficio on the basis of his being Registrar of the U.P. Medical Council.
(Petition allowed)
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