MUNISH KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. R. S. Pande learned counsel for the petitioner. Sri Sanjay Bhasin learned counsel for the respondent No. 2. Sri S. C. Kashis learned counsel for the respondent Nos. 4 and 5 and perused the record.

(2.) With the consent of the parties, we proceed to decide the writ petition at the admission stage.

(3.) The submission of the learned counsel for the petitioner is that initially the petitioner was appointed on the post of Director on 28th July. 2005 at Saraswati Medical and Dental College, Lucknow on which post he resumed duty on 30th July, 2005. On 16th Feb. 2006. the Committee of Management appointed the petitioner on the post of Principal which fell vacant due to retirement of one Dr. R. M. Mathur. It has been submitted by the petitioner's counsel that the petitioner being the Principal of the Dental College contested election for Membership of Dental Council of India reserved for the category of Principal and he was elected as a Member of Dental Council of India on 11th Dec, 2008, which was duly notified on 19.12.2008. It is further submitted by the learned counsel for the petitioner that services of the petitioner on the post of Principal was extended for the period of 5 years by order dated 28th July, 2008 by the respondent Committee of Management. Submission of the learned counsel for the petitioner is that the services of the petitioner was terminated by the impugned order dated 13.5.2011 which is highly arbitrary and violative of circular issued by the Dental Council of India dated 2nd Dec. 2010 (A copy of the circular has been filed as Annexure-7 to the writ petition).