ANAND PANDEY Vs. KING GEORGES MEDICAL UNIVERSITY

JUDGEMENT

(1.) DR . Anand Pandey has approached this Court for following relief.

(2.) BRIEF background of the case, as has been narrated in the writ petition is that the petitioner is pediatric surgeon, who completed his M.B.B.S in the year 2000 and thereafter completed his M.S (surgery) from King George's Medical College, Lucknow (now Respondent No. 1 University) in the year 2005. The petitioner completed his super specialization course in M.Ch. (Pediatric Surgery) from Institute of Medical Sciences, Banaras Hindu University in the year 2008. Petitioner has stated that at the relevant time in the year 2009, the sanctioned cadre strength of department of Pediatric Surgery of Respondent No. 1 University was of four consultants, and therefore, one post was vacant, and the table below sets out clearly the names of person holding the post the cadre structure and applicable reservations if any, at the said point of time and same has been as follows: -

(3.) PETITIONER has stated that on 03.07.2009 an advertisement No. 17/B -2009 was issued by Respondent No. 1 University, where under at serial No. 14 of the advertisement applications were invited for one (1) post of Assistant Professor in the Department of Pediatric Surgery but the post in question was reserved for Other Backward Caste category, and if the said reservation was to be given effect to the said reservation would have exceeded 50% restriction. In view of the aforesaid facts, the aforesaid Advertisement dated 03.07.2009 bearing No. 17/B -2009 was challenged by one Dr. Ramanuj Kumar before this Court by means of writ petition no. 1246 (S/B) of 2009 (Dr. Ramanuj Kumar Vs. Chhatrapati Sahuji Maharaj Medical University and another) and in the aforesaid writ petition this Court has proceeded to pass an order on 02.09.2009 whereby the operation and implementation of the aforesaid Advertisement impugned therein dated 03.07.2009 was stayed and latter on the said Advertisement was cancelled by Respondent No. 1 on 31.08.2010. Thereafter another fresh advertisement was published being Advertisement No. 25/B - 2010 for the post of Assistant Professor which was unreserved. The aforesaid Advertisement was published on 01.09.2010, which contained number of vacancies of the departments including the post of Assistant Professor (Pediatric Surgery) at Serial No. 23. Pursuant to the aforesaid Advertisement dated 01.09.2010, the petitioner who possessed requisite qualification applied for the said vacancy for consideration of his candidature in the prescribed format. Besides the petitioner, various other candidate also applied for the said posts. The last date for submission of applications pursuant to the Advertisement dated 01.09.2010 was 30.09.2010.