SANJAY KUMAR BHAT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Satish Chandra Mishra, learned Senior Advocate assisted by Shri Gaurav Mehrotra, learned counsel for the petitioners, Shri Anupras Singh, learned counsel for Dr. Ram Manohar Lohia University, Shri Shailendra Kumar Singh, Chief Standing Counsel, Vivek Shukla, Additional Chief Standing Counsel and Shri Tushar Verma, learned counsel for the State.

(2.) Challenge is made to the advertisement bearing no. DrRMLIMS/ER/Rect-F/2023/1217 dtd. 1/12/2023 (hereinafter referred to as 'impugned advertisement') issued by the Dr. Ram Manohar Lohia Institute of Medical Sciences (hereinafter referred to as 'Institute') thereby, applications have been invited from eligible candidates for appointment of faculty on regular/deputation basis, vide the special recruitment drive for the post of Professors/Associate Professors and Assistant Professors in various departments and further the order bearing no. DrRMLIMS/ER/Estb.1-F2/2024/1589 dtd. 19/1/2024 is also assailed whereby, the application of the petitioners has impliedly been rejected.

(3.) Contention of counsel for the petitioners is that 'the Institute' is an autonomous super specialty post graduate institute, fully aided by the Government of U.P. The institute is creation of statute namely, Dr. Ram Manohar Lohia Institute of Medical Sciences Act 2015 (hereinafter, referred to as the 'Act 2015') and it is discharging public function.