(1.) -In the district of Etawah, there is an institute known as U. P. Rural Institute of Medical Sciences and Research, Saifai, Etawah. Earlier it was known as Multi Speciality Medical Institute, Saifai, Etawah. It was a Satelite Centre of Sanjay Gandhi Post Graduate Institute of Medical Sciences, under Section 3 of Sanjay Gandhi Post Graduate Institute of Medical Sciences Act, 1983 (U. P. Act No. 30 of 1983). On 9.1.2005, the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, issued an advertisement inviting applications for several categories of paramedical and other staff for appointment at Multi Speciality Medical Institute, Saifai, Etawah. Petitioner Nos. 1 and 2 pursuant to the aforementioned advertisement applied for the post of Nurse (Male). They appeared in written examination and were selected. Appointment letters were issued on 31.5.2005 by the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, and they joined on 4.6.2005. Again an advertisement was issued by the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow on 10/16.9.2005. Petitioner Nos. 3, 4 and 5 applied for consideration of their candidature. They undertook written examination and were selected. On the basis of their names in the select list, petitioner No. 3 was issued appointment letter on 14.12.2006, petitioner No. 4 on 11.3.2006 and petitioner No. 5 was issued appointment letter on 11.3.2006/ 4.4.2006. In between U. P. Rural Institute of Medical Sciences and Research, Saifai, district Etawah, Act, 2005 (U. P. Act No. 27 of 2005) which provided for establishment of U. P. Rural Institute of Medical Sciences and Research, Saifai, district Etawah, was enforced, and the said Institute was to be body corporate and was to be affiliated with a University, in accordance with the provisions of the U. P. State Universities Act, 1973. On 18.7.2006, an incident is alleged to have taken place in the institute, in which Pankaj Kumar Gupta, petitioner No. 3 was assaulted by Dr. Ashish Katiyar and Dr. Mangal Singh, both junior resident officers, alongwith some other junior resident officers. In this regard complaint was made to the Director of the Institute on 18.7.2006 itself. As no action was being taken, petitioner No. 3 alongwith other Nursing staff went to Medical Superintendent in order to apprise him of the aforesaid incident. At that point of time, the junior doctors again assaulted the paramedical staff. Inquiry Committee headed by Dr. J. N. Puri as Chairman, was constituted on 20.7.2006 to make inquiry. Enquiry committee was to inquire into reasons of dispute which had arisen between the junior doctors and the Male Nursing staff. Various queries were put up, which were replied, and thereafter order dated 21.7.2006, has been passed dispensing with the services of the petitioners in terms of condition No. 3 of the appointment letter, saying that their services were no longer required. At this juncture present writ petition has been filed.
(2.) COUNTER-affidavit has been filed by Dr. Mukesh Yadav, contending therein that after 15.12.2005 institute became an independent institution and is affiliated to C.S.J.M. University, Kanpur. It has been contended that petitioners had been offered appointment with prescribed conditions, and their services could be dispensed with by one month's notice. Description of incident, which had taken place, has also been mentioned. After the report of the Inquiry Officer, action has been taken in the interest of the institution. It has also been contended that not only the petitioners, but the junior doctors, who participated in the incident have also been asked to go out of the institution, as each one of them was on probation. It has been contended that appointments have been dispensed with strictly as per terms and conditions of the appointment, as such no interference be made.
(3.) SRI Ashok Khare, senior advocate, appearing for petitioners, has assailed the impugned orders on the following grounds :