ABHIMANYOO RAM Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted. The respondents though served, remain unrepresented.

(2.) The appellant was enrolled/registered with the Board of Indian Medicine, Uttar Pradesh on 23.7.2003. He got his name deleted from the State Register of Indian Medicine so as to enroll himself in another State. He again sought re-enrolment in Uttar Pradesh which was granted with prospective effect from 23.8.2007. He was denied interview for selection by the respondents to the post of Medical Officer, as his re-enrolment did not fulfil the eligibility requirements. He therefore wanted his registration to be restored with retrospective effect from the date of original enrolment. He filed a writ petition before the Allahabad High Court seeking a direction to respondents to call him for interview for the post of Medical Officer (Ayurved/Unani). In the said petition, an interim order was granted on 31.10.2007, permitting him to appear in such interview. By making use of the said interim order, he secured an order from the Board of Indian Medicine, UP, restoring his enrolment from the date of initial registration. Consequently, he was called for the interview. Thereafter, he moved the court for dismissal of the writ petition as not pressed. The High Court, on 25.2.2008, accordingly dismissed the writ petition by the following order:

(3.) The appellant is aggrieved by the observation in the said order that he cannot draw benefit from the interim order and the direction for revocation of the selection, if any, made in pursuant of the interim order. The appellant claims that when he made a submission that he did not wish to press the writ petition, he bona fide thought that the court would merely pass an order simplicitor dismissing the petition as not pressed. The appellant submits that had he known that any conditions or directions detrimental to his interest would be added to the order, while dismissing the petition as not pressed, he would not have sought dismissal of the writ petition.