(1.) Claiming issuance of writ of quo warranto directing 5th respondent Dr. Ramesh Chandra Arya to show cause under what authority he continues to hold the office of Associate Professor (Pathology) in Chhattisgarh Institute of Medical Sciences, petitioner herein Kamlesh Shukla has filed this writ petition.
(2.) Brief facts shorn of unnecessary details requisite to resolve the controversy are as follows: -
(3.) The Chhattisgarh Institute of Medical Sciences (CIMS), which was earlier under the control of Guru Ghasidas (State) University, advertised the post of Associate Professor (Pathology) on 20-9-2006. Respondent No.5 applied for the said post. Recruitment to the said post was governed by the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (for short 'the MCI Regulations') issued by the Medical Council of India (MCI) in which eligibility qualification prescribed for the post of Associate Professor / Reader is five years' experience in recognized medical college as Assistant Professor. Respondent No.5 submitted his candidature for the said post and ultimately, by order dated 2- 12-2006, the then University finding him suitable for the said post, appointed him on the said post.