HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA, J.
Dr. Aparajita Chaudhary – Petitioners
Versus
State Of U.P. And Others – Respondents
WRIT A No. 14985 of 2025, Writ A No. 9584 of 2025
Decided On : 10-02-2026
| Table of Content |
|---|
| 1. controversy involves title and roles at institute. (Para 1 , 2) |
| 2. background on appointments and government orders. (Para 3 , 4 , 5 , 6) |
| 3. representation and orders regarding position claims. (Para 7 , 8 , 9) |
| 4. arguments for titles and previous roles. (Para 10 , 11 , 12 , 13) |
| 5. counterarguments regarding role definitions. (Para 14 , 15 , 16) |
| 6. court's analysis of post definitions and appointments. (Para 20 , 21 , 22 , 23) |
| 7. findings on appointments and legal sustainability. (Para 24 , 25) |
| 8. conclusion on appointment authority and roles. (Para 26 , 27) |
JUDGMENT :
ANISH KUMAR GUPTA, J.
1. Since the controversy involved in both the petitions is similar in nature therefore both the petitions are being heard together.
2. Heard Sri Narendra Kumar Pandey, assisted by Sri Manish Kumar Kesarwani, learned counsel for the petitioner in Writ A No. 14985 of 2025 and Sri Rahul Agrawal, assisted by Sri Gaurav Singh, learned Standing Counsel for the State respondents in both the petitions and Sri G.K. Singh, learned Senior Counsel assisted by Sri G.K. Malviya and Sri Sankalp Narain, Advocates for the respondent no.6 in the Writ A No. 14985 of 2025 and for the petitioner in Writ A No. 9584 of 2025. Sri Narendra Kumar Pandey, has also argued for respondent no. 5 in Writ A No. 9584 of 2025.
3. The controversy involved in both the aforesaid petitions is with regard to the post / nomenclature of the Director to be given to whom in the Regional Institutes of Ophthalmology, Manohar Das Eye Hospital which is the Ophthalmology Department of Motilal Nehru Medical College, Prayagraj. Both the petitioners are claiming that they should be given the nomenclature as well as the power of Director-cum-Professor in the aforesaid institute. In view thereof, both the petitions are heard together and are being decided together.
4. It is undisputed in the instant case that Dr. Aparajita Chaudhary was working on the post of Professor from 04.08.2017 and Dr. Santosh Kumar was working as Professor from 07.08.2020. Dr. Aparajita Chaudhary had worked as Head of Department of Ophthalmology at Motilal Nehru Medical College, Prayagraj w.e.f. 24.03.2023 to 23.03.2025 and subsequent thereto Dr. Santosh Kumar is working as Professor and Head of Department of Ophthalmology of Motilal Nehru Medical College, Prayagraj from 24.3.2025. Previously, Manohar Das Eye Hospital was a separate hospital affiliated to Motilal Nehru Medical College, Allahabad and Motilal Nehru Medical College had its own Ophthalmology Department.
5. On 20.01.1976, the State Government had merged the Ophthalmology Department of Motilal Nehru Medical College, Allahabad as well as the Manohar Das Eye Hospital at Allahabad and a new nomenclature was given to it as Institute of Ophthalmology, Allahabad. However, the same continued to be a Department of Ophthalmology of Motilal Nehru Medical College for all practical purposes. Subsequently on 26.07.1976, the State Government notified that the Head of Department and Professor of the Ophthalmology Department of Motilal Nehru Medical College, Allahabad and affiliated eye hospital shall be designated as Director- cum-Professor of the Institute of Ophthalmology, Allahabad with the condition that no special pay or allowances shall be payable to him. By virtue of the aforesaid Government Order dated 26.07.1976, the Head of Department and Professor of the Ophthalmology Department continued to be nominated as Director-cum-Professor of the Institute of Ophthalmology, Allahabad. Subsequent thereto vide Government Order dated 05.04.2006, the status of Manohar Das Eye Hospital, Allahabad was upgraded and it was recognized as Regional Eye Institute. However, it was clarified that no additional grant shall be payable to the Regional Eye Institute, Manohar Das Eye Hospital, Allahabad. In the said Government Order dated 05.04.2006, it was further provided that the Senior Professor of the said Regional Eye Institute shall be given nomenclature of Professor-cum-Directo
Only the Head of Department shall be designated as Director-cum-Professor, confirming their integrated roles unless a distinct post is created.
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