MAHENDRA KUMAR PATNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition initially directed against the appointment of respondent No. 2 Dr. S. N. Mishra as Principal of the Medical College and Controller of Associated Group of Hospitals Later on, the petitioner also moved an application for amendment and pleaded that Dr. B. D. Maitray, Dr. K. P. Singh and Dr. J. P. Sethi be also arrayed as respondents and their appointment as Principal of Medical College and Controller of Associated Group of Hospitals be also quashed.

(2.) THE brief facts of the case which are relevant for the disposal of this writ petition are that the petitioner entered into the service of the Government of Rajasthan in the year 1956 as Demonstrator in Anatomy. He was confirmed as Demonstrator in 1959 and as Lecturer on 26. 4. 1964. He was promoted as Reader on 29. 1. 1965 and was substantively promoted on 19. 8. 1968 as Reader and was confirmed on the same post with effect from 26. 3. 1965. He was then appointed as officiating Professor of Anatomy with effect from 12 2. 1965. THE petitioner was then substantively appointed as Professor on 13 5. 1973 and was treated as confirmed Professor of Anatomy with effect from 17. 1. 1973. It has been further contended that the petitioner has worked on various posts and in various capacities in different medical colleges. THE petitioner was sent for training of a WHO Fellowship in the year 1964 for a period of one year. THEn he was sent on deputation for Common Wealth Senior Fellowship by the Government order dated 10. 9. 1979.

(3.) IT was also contended that the post of Principal of Medical Colleges and Controller of Associated Group of Hospitals carries a special pay of Rs 350/- and the post is to be filled in by selection. Once the candidature of the petitioner and respondent No. 2 has been considered and comparative assessment of the merits has been made, it does not lie within the jurisdiction of the Selection Committee or the Government to change the merit suo-moto without any fresh development. A public functionary cannot be allowed to exercise its powers or jurisdiction for ulterior purposes or for the purposes which are not germinated to the exercise of powers or for the object to be achieved.