DEVI PRASAD SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution was filed by Devi Prasad Shukla and Dinesh Kumar Pandey on 7-9-1987 for a writ of quo warranto asking Dr. S. R. Singh, Principal, Moti Lai Nehru Medical College, Allahabad, to show as to under what authority he was continuing as Principal of the said Medical College after attaining the age of superannuation on 31-7-1987. The petitioners alleged that Dr. S. R. Singh, Respondent no. 2, was an usurper, having not been re-appointed as Principal by the State of U. P, on the post aforesaid.

(2.) A counter-affidavit was filed by Girdhari Lal Saxena, Section Officer in Medical Section-1, U. P. Civil Secretariat, Lucknow, stating that under Fundamental Rule 56 (a) of the Financial Hand Book, Volume II, Parts II to IV, as amended by "The Uttar Pradesh Fundamental (First Amendment) Rules, 1987", as notified by Notification No. G-2-496/X-534 (19)-57, dated July 28, 1987 Dr. S. R. Singh, respondent no. 2, was retained as Principal by an order of the State Government dated 31-7-1987. The Government Order is annexed as Annexure CA-I to the counter-affidavit. The relevant portion of this order reads : * * * * (Hindi portion omitted-Editor)

(3.) IN paragraph-8 (ii) of the counter-affidavit it is stated that : "The State Government had taken a policy decision that a member of teaching staff of the Medical College could be considered for grant of extension in service upto the age of 60 years if his work and conduct in service career has been such to justify grant of extension in public interest."