Hon'ble Dinesh Kumar Singh,J.
Heard Mr. Deepanshu Das, learned Amicus Curiae in this Public Interest Litigation as well as learned Standing Counsel for opposite party no. 1 and Dr. L.P. Misra along with Mr. Subham Tripathi, learned counsel for opposite parties no. 2 to 4.
This Public Interest Litigation was filed in the year 2018 seeking following reliefs:
"Wherefore, it is most respectfully prayed that this Hon'ble High Court may kindly and graciously be pleased to: -
(i) Issue a writ, order or direction the nature of MANDAMUS directing the opposite parties especially the O.P. No.3 i.e. King George Medical University, Lucknow to immediately take action in pursuant to the high level enquiry reports given by the Commissioner, Lucknow Division, Lucknow dated 22.04.2010 to the O.P. No. 1 and the internal enquiry conducted by the Registrar, King George Medical University, Lucknow to the Vice Chancellor on 07.04.2012 (annexed as Annexure No. 1 & 2 to this writ petition), with in stipulated time duration which this Hon'ble High Court deems fit and proper under the facts and circumstances of the case.
(ii) Issue a writ, order or direction the nature of MANDAMUS commanding the O.P. No. to take action and also for initiating criminal proceedings against all those indicted in the high level enquiry conducted by the Commissioner, Lucknow Division, Lucknow report dated 22.04.2010 and the in the internal enquiry report given by the Registrar, King George Medical University, Lucknow dated 07.04.2012 and give exemplary punishment to all those found involved/ indicted in the aforesaid enquiry reports (annexed as Annexure No. 1 & 2 to this writ petition).
(iii) Issue such other order or direction, which this Hon'ble Court may deem just fit and proper under the circumstances of the case.
(iv) Award the costs of the writ petition in favour of the petitioner."
As per facts of the case, in the year 2002, the name of King George Medical University was changed as Chhatrapati Shahu Ji Maharaj Medical University under U.P. Chhatrapati Shahu Ji Maharaj Medical University Act, 2002. Earlier, the King George Medical University was called as King George Medical College. Under the Act of 2002, it was named as Chhatrapati Shahu Ji Maharaj Medical University. Subsequently, the name of Chhatrapati Shahu Ji Maharaj Medical University has again been changed to King George Medical University. In the year 2004, an advertisement was made for making appointments on 94 posts of class III and IV in the Medical University. Public Interest Litigation was filed alleging therein that these appointments were made contrary to the 2002 Rules as amended in 2003. After the question was put in the Assembly, an enquiry by the Divisional Commissioner was ordered pursuant to the Office Memorandum dated 1.1.2008. The Divisional Commissioner in his enquiry report dated 22.4.2010 found illegalities committed in the said appointments and recommended for action to be taken against the erring Officers/Officials. In this Public Interest Litigation, the Court restrained the petitioner's counsel to appear, however, looking to the seriousness of the allegations made, appointed Amicus Curiae to assist the Court.
It is to be noted that certain appointments on the post of Ambulance Driver which was made pursuant to the advertisement issued in the year 2004 were challenged by filing Writ Petition No. 3477 (SS) of 2005 (Lalit Kumar and others vs. King Georg's Medical University and others). The writ petition was allowed vide judgment and order dated 13.2.2006. Thereafter, Special Appeal No. 151 of 2006 (Vimlesh Chand vs. Lalit Kumar) and Special Appeal No. 190 of 2006 (King Geores Medical University vs. Lalit Kumar) were filed arising out of the judgment and order dated 13.2.2006 passed in Writ Petition No. 3477 (SS) of 2005. These special appeals were allowed vide judgment and order dated 12.2.2020 whereby the judgment passed by the learned Single Judge in Writ Petition No. 3477 (SS) of 2005 was set aside.
It is also to be noted that some office note was put by the Registrar before the Vice Chancellor with respect to the alleged appointments made pursuant to the advertisement issued in the year 2004. The Vice Chancellor, KGMU vide order dated 30.4.2012 had directed the Registrar to place the matter along with report before the Executive Council. The matter was placed before the Executive Council and after long deliberations, the Executive Council finally took decision dated 12.11.2020 that no illegality was committed in the said appointments.
We have considered the submissions made by the learned counsel for the parties and gone through the record.
We are of the considered view that once the decision has been taken by the Coordinate Bench in Special Appeal No. 151 of 2006 along with Special Appeal No. 190 of 2006 and the judgment passed by the learned Single Judge in Writ Petition No. 3477 (SS) of 2005 has been set aside, it would not be proper for us to adjudicate the matter and delve into the question of validity of the selection and appointment held pursuance to the advertisement issued in the year 2004.
The judicial propriety does not demand that we shall consider such questions which may lead to commenting on the judgment passed by a Coordinate Bench.
In this view of the matter, we leave the matter as such at this stage with liberty to the State Government or the Kind George Medical University as the case may be to challenge the judgment dated 12.2.2020 passed in Special Appeal No. 151 of 2006 along with Special Appeal No. 190 of 2006, in case they feel so aggrieved.
With these observations, the petition is disposed of.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.] Order Date :- 18.8.2021 Santosh/-