LAWS(ALL)-2019-8-69

KUNDAN SINGH Vs. STATE OF U. P.

Decided On August 16, 2019
KUNDAN SINGH Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Amit Bose, learned Senior Advocate assisted by Dr. V.K. Singh, Advocate for the petitioner and Sri Anil Tiwari, learned Senior Advocate assisted by Sri Amit Dwivedi, Sri Abhinav N. Trivedi and Sri Prashant Puri, Advocates for the opposite parties.

(2.) By means of this petition the petitioner has prayed that a writ in the nature of quo-warranto be issued directing the opposite party no. 3 to show the authority of law under which he occupied the post of Associate Professor and Professor in the King George's Medical University, Lucknow ( hereinafter referred to as KGMU in short) thereby declaring his appointment on the post of Associate Professor and Professor to be illegal and void abinitio. The petitioner has also prayed that a writ in the nature of mandamus be issued restraining the opposite party nos. 1 and 2 from allowing the opposite party no. 3 to occupy the post of Associate Professor and Professor in KGMU and also restraining the opposite parties no. 1 and 2 from conferring any financial or other advantage to the opposite party no. 3 on the basis of his promotion as Associate Professor and Professor.

(3.) Since the learned counsel for the opposite party nos. 1 and 2 have filed counter affidavit raising objection regarding maintainability of the writ petition, therefore, such preliminary objections are being dealt first before adverting to the merits of the issue.