DR. ASHOK KUMAR SAXENA Vs. ARYA AND ANOTHER

JUDGEMENT

(1.) The petitioner filed Writ Petition No. 8914 of 1983 challenging the order dated 2-6-1983 appointing Dr. R, K. Goel as adhoc Lecturer in Orthopaedics at S. N. Medical College, Agra and to seek his appointment on the aforesaid post. Some other reliefs were also claimed. On 20-1-1992 this Court issued on ad-interim mandamus to the respondents directing them to appoint the petitioner as Honorary Lecturer/Assistant Professor in the department of Orthopaedics in S, N. Medical College, Agra This order was duly served upon the respondents. The respond No. 2 called the petitioner to his office on 28-1 92 and informed him that he had no authority to appoint him as Honorary Lecturer/Assistant Professor and that for that purpose he should approach respondent No. 1. On 2-2-92 the petitioner submitted an application to the respondent No. 1 containing twenty six enclosures for necessary compliance of the order passed by this court. The petitioner also moved an application to the Chief Medical Superintendent S. N. Medical College, Agra on 21-2-1992 asking him to comply with the order dated 20-1-1992 passed by this court. He again filed an application before respondent No. 2 to make the compliance of the order of this court, copy of the application was also served upon the Director General, Medical and Health Services, Lucknow. These application were returned back with the endorsement that they should be submitted through proper channel. In compliance of these directions, the petitioner submitted required documents through proper channel to the opposite parties. Dr. P. P. Ajmani, Chief Medical Superintendent. S. N. Medical College & Hospital, Agra forwarded these applications for necessary compliance of the order dated 20-1-1992 passed by this court. It is said thar the compliance of this order has not been made by the opposite parties and that they have made wilful disobedience of the directions issued by this court. It is also stated that the opposite parties have wilfully flouted the ad-interim order passed by this court and are, therefore, guilty of committing contempt of this court It is further, alleged that on account of the influence exercised by Dr R. K. Goel, the opposite parties flouted the order of this court.

(2.) The order dated 20-1-1992 passed by this court in Writ Petition No. 8914 of 1983 reads as follows:-

(3.) Respondent No. 1 filed affidavit stating that all the establishment matters except disciplinary proceedings relating to the Lecturer/Assistant Professors are looked after by concerned special secretary as secretary of the department. Copy of this order is Annexure-A to this affidavit. The file relating to the present matter was put up for information before him on 14-2-1992, when directions were issued for filing counter-affidavit. On receipt of contempt notice, the deponent directed the special secretary to take the matter expeditiously regarding implementation of the orders of the court. Only nineteen posts of Lecturers/Assistant Professors are sanctioned and against this twenty two were already working in substantive capacity. There was no vacancy as such in the cadre of Lecturer/Assistant Professor in the state medical colleges. The policy of the State Government as it stands is not to appoint Honorary doctors or teachers in medical colleges. There is also no such provision in the statutes of Agra University. The recruitment and appointment of teachers in the medical colleges is governed by U. P. State Medical Colleges Teachers Service Rules, 1990 as notified on 21st Dec., 1990. It does not provide for the appointment of Honorary Lecturer/Assistant Professor. The appointment of the petitioner in honorary capacity would have invited a number of requests for honorary appointments in different capacities and on such appointments they would have claimed regular and paid appointments making the cadre management extremely difficult and impossible. The Principal Secretary was directed to get the policy decision in this respect from the Government with utmost expedition. He has also directed the Principal Secretary to file return on the contempt notice putting forth the difficulties in the implementation of the orders passed by this court. It was further stated that the contempt petition against him is without any basis. He is being unnecessarily harassed. The application has been filed with a view to coerce the deponent to yield to the wholly unreasonable demands by taking away the powers and responsibilities of the principal Secretary upon himself. Respondent No. 2 also filed an affidavit stating in brief that the appointment of lecturers whether honorary, part time, adhoc or regular is made by the Government of Uttar Pradesh and the principal of S. N. Medical College, Agra has no power whatsoever in this regard. Upon coming to know of the order passed by the Court on 20-1-92, he sent the communication on 30-1-92 to the secretary Medical Education, U. P. Lucknow, its copy endorsed to the Director, Medical Education and Training, U. P. Lucknow asking them to take appropriate action in compliance of the order of the Honourable Court. He also stated that vide Government Order dated 3-12-1970 no one can be appointed as Honorary Lecturer in Medical Colleges (The copy of this G. O. has, however, not been annexed to the affidavit).