(1.) Initially, the writ petitioner had filed this petition calling in question the legality, validity and correctness of the order dtd. 9/3/2019 (Annexure P/1) by which the services of the respondent No. 9 has been absorbed on the post of Associate Professor (Ophthalmology) in accordance with sub-rule (4) of Rule 6 of the Chhattisgarh Chikitsa Shiksha (Rajpatrit) Tatha Sewa Bharti Niyam, 2013 (for short, the Rules of 2013) and further claimed a relief that appropriate action be taken against the erring officers including the respondent No. 8, who are instrumental in appointing the respondent No. 9 on the post of Associate Professor.
(2.) On 13/1/2021, the question with regard to maintainability of the writ petition was raised on the ground that in a service matter, PIL is not maintainable pursuant to which the petitioner filed an application for amendment in the writ petition which was ultimately allowed on 2/7/2021. Accordingly, the petitioner now claims that appropriate writ in nature of quo warranto be issued ousting the respondent No. 9 from the post of Associate Professor of (Ophthalmology).
(3.) Return has been filed on behalf of the respondents No. 1 to 7/State on 16/11/2021 stating that in the service matter, PIL is not maintainable and it was also pleaded that the pre-requisite for issuance of writ of quo warranto is not fulfilled and present petition is bad and liable to be dismissed and furthermore, it has also been pleaded that as per the Rules of 2013, the State Government has been conferred with the power to relax any of the provisions of the said Rules by virtue of Rule 6(4) of the Rules of 2013, and relaxing the said rules, respondent No. 9 has been absorbed on the post of Associate Professor (Ophthalmology) and the said Rules have not been questioned and as such, the instant petition in the shape of PIL which has subsequently been converted into a writ petition seeking a writ of quo warranto is not maintainable and liable to be dismissed.
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