LAWS(UTN)-2019-4-7

DR. ASHOK KUMAR Vs. STATE OF UTTARAKHAND

Decided On April 25, 2019
Dr. Ashok Kumar Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Sri Vinay Kumar, learned counsel for the petitioner and Sri Sagar Kothari, learned counsel for the 3rd respondent.

(2.) The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked by the petitioner seeking a writ of certiorari to quash the final list of ineligible candidates for the post of Assistant Professors, published by the Uttarakhand Medical Service Selection Board, in so far as petitioner is concerned; a writ of mandamus directing the respondents to declare that the petitioner possesses the eligibility/educational qualification/experience to the post of Assistant Professor (Pediatrics) as per the conditions of the advertisement dated 26.09.2018; and a writ of mandamus directing the respondents to consider the candidature of the petitioner, for the post of Assistant Professor (Pediatrics), against the advertisement dated 26.09.2018, inasmuch as the petitioner possesses the prescribed qualifications.

(3.) Facts, to the limited extent necessary, are that the petitioner claims to have joined the Government Medical College, Haldwani pursuant to a walk-in interview held on 27.08.2015, and to have been appointed as an Assistant Professor in the department of Pediatrics on a contractual basis. The 3rd respondent issued an advertisement on 26.09.2018 inviting applications from eligible candidates for selection and appointment to 138 posts of Assistant Professors in Government Medical Colleges in the State. The last date for submission of application forms was 26.10.2018. Out of these 138 posts which were sought to be filled up, 05 posts were that of Assistant Professor (Pediatrics).