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DR. RAGHAVESH KUMAR PANDEY versus STATE OF U.P. THRU' SECRETARY, MEDICAL EDU. DEPTT. & OTHERS

High Court of Judicature at Allahabad

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Dr. Raghavesh Kumar Pandey v. State Of U.P. Thru' Secretary, Medical Edu. Deptt. & Others - WRIT - A No. 2719 of 2006 [2006] RD-AH 14 (1 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.29

Civil Misc. Writ Petition No.2719 of 2006

Dr. Raghavesh Kumar Pandey................Vs...............................State of U.P. and others

AND

Civil Misc. Writ Petition No.3060 of 2006

Dr. R.Chaudhary & others......................Vs...............................State of U.P. and others,

AND

Civil Misc. Writ Petition No.2716 of 2006

Dr.P.N.Singh and others..........................Vs...............................State of U.P. and others

AND

Civil Misc. Writ Petition No.7910 of 2006

Dr. Vipin Mishra and others....................Vs.............................State of U.P. and others

Hon'ble V.M.Sahai, J

Hon'ble B.A.Zaidi, J

We have heard Sri H.R.Mishra, learned counsel for the petitioners, Sri S.M.A.Kazmi, learned Advocate General assisted by Sri C.B.Yadav, Chief Standing Counsel, Shri Shiv Nath Singh, Additional Chief Standing Counsel, Sri Suresh Singh, Standing Counsel, Sri J.K.Tewari, Standing counsel appearing for the State respondents and Sri M.A.Quadeer, learned counsel appearing for U.P.Public Service Commission. Sri P.M.N.Singh, Advocate who has filed intervener application and Sri W.H.Khan, Advocate who has filed impleadment application, have also been heard.

In compliance of our earlier orders, affidavits have been filed by Sri Prashant Trivedi, Secretary, Medical Education and Sri Umesh Sinha, Secretary, Karmik today. They are also present in person in court. Their affidavits are taken on record.

On a question being put to Secretary, Medical Education as well as Secretary, Karmik it is clear that if the roster notified on 25.6.2002 is worked out on even vacancies then the reservation does not exceed 50%, but if the roster runs on odd vacancies, then the reservation exceeds 50%. The learned Advocate General relying on the affidavits filed by the Secretaries has urged that the Medical Council of India has issued notice to the State Government to fill up the various posts lying vacant in Medical Colleges in the State failing which the Medical Colleges may face de-recognition. He has also urged that so far as advertisement no.5 of 2005-06 is concerned, it relates to 150 vacancies specialitywise out of which 50% vacancies are for reserved categories whereas 50% are for general category. So there is no dispute with regard to 150 vacancies. The only dispute is with respect to backlog vacancies notified by means of corrigendum issued along with the advertisement no.5 of 2005-06. The requisition sent by the State Government to the Public Service Commission is extracted below:-

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The learned Advocate General has fairly stated that the question about these 95 backlog vacancies may be considered by the court at the time when final hearing takes place and the matter is finally decided. Sri H.R.Mishra, learned counsel for the petitioners has no objection. The learned Advocate General has also informed the court that interviews have already taken place, but the result is yet to come out.

In this view of the matter, we modify our stay order dated 25.1.2006 and permit the State Government as well as the U.P. Public Service Commission to fill up 150 vacancies advertised in pursuance of Advertisement no.5 of 2005-06 and the U.P. Public Service Commission, Allahabad may declare the result at the earliest so that the vacancies in various medical colleges are filled in. So far as 95 backlog vacancies mentioned in corrigendum, which is also part of advertisement no.5 of 2005-06 are concerned, the same shall be filled in after final decision of this court. The roster dated 25.6.2002 formulated by the State Government must be so applied that the reservation does not exceed 50%.

List these petitions for further hearing on 10.7.2006.

17.5.2006

JNM/PK/SC


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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