ASHOK TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Manoj Misra and Shri Upendra Singh, Learned Counsels for the Petitioner. Shri M.C. Tripathi, Additional Chief Standing Counsel appeared for the State Respondents. Shri S.D. Singh and Shri S.A. Ansari represented the private Respondents. Shri MA. Qadeer has appeared for UP Public Service Commission.

(2.) The Petitioner is M.B.B.S. (1989) from Kanpur University. He thereafter pursued his studies and obtained the Degree of Masters in Surgery (M.S.) in 1993 from the same University and thereafter worked as Senior Resident in Safdarjung Hospital, New Delhi from 21.1.1994 to 20.1.1997. It is stated by him in paragraph-6 of the writ petition that while working as Senior Resident at Safdarjung Hospital, he also carried out teaching assignments.

(3.) By this writ petition filed on 8.3.2002 the Petitioner has prayed for issuing a writ of mandamus to Respondent Nos. 1, 2 and 3 to strictly follow the eligibility criteria fixed by the Medical Council of India vide "Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998" and not to make any appointment of those candidates, who do not possess the minimum teaching qualification as Lecturer in various subjects. At the time, when the writ petition was filed, the U.P. Public Service Commission was preceding with the selection vides Advertisement No. 2/2000-2001.