IN RE, GOPALASWAMY Vs. ABC

JUDGEMENT

(1.) This appeal is directed against the order of dismissal of the appellant's writ petition by our learned brother Sambasivarao, J. The appellant was appointed as Professor and Head of the Department of Paediatrics in Rangaraya Medical College, Kakinada by virtue of which post he was an Honorary Medical Officer in the General Hospital, Kakinada. It is averred by the appellant that by reason of the arrangement arrived at between the Government and the Medical College which is a private body, Rangaraya Medical College had to appoint persons qualified to teach as professors who will be permitted to work as Honorary Medical Officers in the General Hospital, Kakinada. The Government has by the impugned G. O. abolished the posts of Honorary Medical Officers as a result of which the appellant has also been affected. It is the contention of the appellant that he was never appointed as Honorary Medical Officer and therefore Rule 23 of the rales governing recruitment and conditions of service of Hony. Medical Officers does not apply to him. Rule 23 is in the following terms:

(2.) Even if it does not his position is no better. A person who is merely permitted to work has no right to the post as such. He is like a mere licensee. His licence can be terminated at the will of the licensor. The fact that as a result of this impugned order the Rangaraya Medical College has terminated his services is not germane to this writ petition which is merely confined to the validity of the G. O. dated 19-10-1968. If he has any ground of complaint against the action taken by the Rangaraya Medical College, it is up to him to seek such remedy as he may be advised. But that would not vitiate the order of the Government. The petitioner appellant has not been able to show that he has any manner of right to the post for us to consider the validity or invalidity of the G. 0. The appeal is accordingly dismissed. Appeal dismissed.