Court No. - 33
Case :- WRIT - A No. - 12363 of 2021 Petitioner :- Dr. Amit Mohan Varshney Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is an Associate Professor in the Department of Community Medicine in Government Medical College, Saharanpur. He has approached this Court with the prayer to direct the respondents to allow him to function as Head of the Department as he is the senior most regular teacher in the department concerned. Objection is raised with regard to nomination of respondent no.4 as Head of the Department on the ground that his engagement is on adhoc basis and not being substantively appointed teacher in the college he is not entitled to function as Head of Department. Reliance is placed upon a Government Order dated 24.03.2021 which lays down norms for appointment of Head of Department in the medical college.
Petition is opposed by learned State Counsel. Instructions have also been obtained from the Principal of the college.
From the materials brought on records it transpires that respondent no.4 is presently functioning as Head of Department of Community Medicine in the Government Medical College, Saharanpur. His appointment as Head of Department, however, is not under challenge. On behalf of the petitioner it is contended that being the senior most teacher petitioner is entitled to function as Head of Department. Even otherwise, the nature of appointment held by respondent no.4 is not clear and is also not questioned.
Since factual issues raised needs to be examined, it would be appropriate to direct the petitioner to approach respondent no.1 alongwith a copy of this order raising his grievance in the matter relating to nomination as Head of Department in the college concerned. The first respondent shall get the facts ascertained and after calling for a report from respondent no.3 and affording opportunity to respondent no.4 shall pass necessary orders in respect of continuance as Head of Department of Community Medicine in the concerned medical college. Required order would be passed within a period of three months from the date of presentation of a copy of this order.
Writ petition is, accordingly, disposed of.
Order Date :- 28.10.2021 Ashok Kr.