RADANANDAN JIWAN DASH Vs. N K GANGULY

JUDGEMENT

(1.) Is Prof. N. K. Ganguly a usurper of the office of Director, Post Graduate Institute of Medical Education and Research should Prof. Ganguly be ousted from the office by the issue of a writ of quo-warranto. These are the two short questions that arise for consideration in this writ petition.

(2.) A few facts may be noticed.

(3.) The petitioner is the Professor of Endocrinology at the Institute. He is the senior-most Professor at the Institute. On learning that Prof. N. K. Ganguly who was initially working as Professor of Microbiology at the Institute was tipped for appointment as an Acting Director, he had approached this Court for the issue of a writ of quo-warranto. It was alleged that the appointment was not in conformity with the provisions of Rule 7 of the Post Graduate Institute of Medical Education and Research, Chandigarh Rules, 1967 (hereinafter referred to as the rules).