Allahabad High Court
Dr. Anurag Tripathi And 2 Others vs State Of U.P. And 2 Others on 22 July, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 10798 of 2019 Petitioner :- Dr. Anurag Tripathi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitabh Tripathi,Mr. H.N. Singh Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioners were engaged as House Physician pursuant to an advertisement dated 15.12.2017. Their engagement has been discontinued by the Principal of the Homeopathy Medical College concerned vide his order dated 2.7.2019. It is submitted that the engagement of petitioners were liable to be continued and that tenure of other persons engaged pursuant to same advertisement have been extended.
Learned Standing Counsel has obtained instructions as per which petitioners were engaged so long as the students at postgraduate level were not available, inasmuch as the job of House Physician is otherwise to be performed by students at post-graduation level in medical college. It is otherwise stated that advertisement clearly stipulates that such engagement would only for one year. Learned Standing Counsel further submits that in view of the fact that petitioners' engagement is no longer required on account of availability of House Physician, their disengagement cannot be said to be arbitrary.
The advertisement pursuant to which petitioners have been engaged has been brought on record as Annexure-1 to the writ petition. This advertisement dated 15.12.2017 clearly stipulates that engagement of House Physician would only be for one year. The stand of the respondents that such engagement was made because students at post-graduation level were not available in the college and that once such students are available there would be no need of engagement of House Physician does not appear to be arbitrary or contrary to any provisions of law. Reliance has also been placed upon a notification of the Central Homeopathy Council dated 8.3.2013, which clearly provides that in a recognized post-graudate institution there would be no necessity of engaging a resident physician separately when students at post-graduation level are available to perform such task. Engagement of other persons in different colleges would not be material inasmuch as facts of those colleges are not before this Court.
Considering the nature of engagement of the petitioners as also the exigency of work, no exception can be taken if petitioners' engagement has been discontinued. Writ petition, accordingly, fails and is dismissed.
Dismissal of this petition, however, will not preclude the petitioners from approaching the Principal for payment of salary, including the notice period etc. in terms of their engagement.
Order Date :- 22.7.2019 Ashok Kr.