# Dr. Rakesh Kumar Bajpai & Ors v. State of U.P. & Ors

- **Citation:** (2023) 1 ILRA 512
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-01-13
- **Case number:** Writ-A No. 4900 of 2022
- **Bench:** Vivek Chaudhary
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-rakesh-kumar-bajpai-ors-v-state-of-u-p-ors-49657
- **Pages:** 3

## Headnote

Civil Law - Uttar Pradesh Homeopathic
Medical Service Rules, 1990 - Appointment
of Deputy Directors (Homeopathic), District
Homeopathic
Medical
Officers,
Senior
Homeopathic Medical Officers - grade of the
Deputy Directors (Homeopathic), District
Homeopathic Medical Officers & Senior
Homeopathic Medical Officers, is same -
Rules only provides for appointing four
senior most persons as Deputy Directors
(Homeopathic) - G.O. dated 03.01.2017,
provided that the senior most Homeopathic
Medical Officers would be appointed as
Deputy Directors (Homeopathic) and the
next 75 senior most persons shall be
appointed as District Homeopathic Medical
Officers in the 75 districts - Subsequently,
another G.O. dated 20.07.2022, altered this
policy,
withdrawing
the
previous
arrangement - State Government reserved
the right to appoint any Senior Medical
Officer as a District Homeopathic Medical
Officer, irrespective of their seniority - Held
- the conditions laid out in the G.O. dated
20.07.2022, self-defeating, arbitrary, and in
violation of Article 14 of the Constitution of
India - G.O. dated 20.07.2022, quashed.

Allowed. (E-5)

## Text

512 INDIAN LAW REPORTS ALLAHABAD SERIES
present case does not fall in any category
set out in the judgment of State of
Haryana v. Bhajan Lal, 1992 Supp (1)
SCC 335. Further, I find no infirmity,
illegality or perversity in the impugned
orders dated 21.10.2022 passed by the
revisional court and in the order dated
04.08.2022 passed by the learned trial court
as both the impugned orders are well
considered, reasoned and speaking orders.
Accordingly, the prayers made in this
application are refused.

30. Since the case has to be tried, so I
make it clear that the observations made in
the preceding paras of this order are only
for the disposal of this application, filed
under
Section
482
Cr.P.C.
These
observations will not influence the trial
court while deciding the case.

31. In the aforesaid terms, the
application,
filed
under
Section
482
Cr.P.C., is dismissed.

32. No order as to costs.

33. Before parting with, I appreciate the
hard work and research done by my Law
Intern Mr. Mudit Singh for finding out the
case laws applicable in the present issue.
----------
(2023) 1 ILRA 512
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.01.2023

BEFORE

THE HON'BLE VIVEK CHAUDHARY, J.

Writ-A No. 4900 of 2022

Dr. Rakesh Kumar Bajpai & Ors.
 ...Petitioners
Versus
State of U.P. & Ors. ...Respondents
Counsel for the Petitioners:
Sri Neerav Chitravanshi, Sri Mrinal Chandra,
Sri Om Prakash Pandey

Counsel for the Respondents:
C.S.C., Sri Mrinal Chandra, Pallavi Vatsala,
Sri Vishal Kumar Upadhyay

Civil Law - Uttar Pradesh Homeopathic
Medical Service Rules, 1990 - Appointment
of Deputy Directors (Homeopathic), District
Homeopathic
Medical
Officers,
Senior
Homeopathic Medical Officers - grade of the
Deputy Directors (Homeopathic), District
Homeopathic Medical Officers & Senior
Homeopathic Medical Officers, is same -
Rules only provides for appointing four
senior most persons as Deputy Directors
(Homeopathic) - G.O. dated 03.01.2017,
provided that the senior most Homeopathic
Medical Officers would be appointed as
Deputy Directors (Homeopathic) and the
next 75 senior most persons shall be
appointed as District Homeopathic Medical
Officers in the 75 districts - Subsequently,
another G.O. dated 20.07.2022, altered this
policy,
withdrawing
the
previous
arrangement - State Government reserved
the right to appoint any Senior Medical
Officer as a District Homeopathic Medical
Officer, irrespective of their seniority - Held
- the conditions laid out in the G.O. dated
20.07.2022, self-defeating, arbitrary, and in
violation of Article 14 of the Constitution of
India - G.O. dated 20.07.2022, quashed.

Allowed. (E-5)

(Delivered by Hon'ble Vivek Chaudhary, J.)

1. Heard learned counsel for the
petitioner and Sri V.K. Shahi, learned
Additional Advocate General assisted by
Sri
Prafull
Yadav,
learned
Standing
Counsel and perused the record.

2. The petitioners have approached
this Court challenging the impugned order
dated 20.07.2022 passed by the respondent
1 All. Dr. Rakesh Kumar Bajpai & Ors. Vs. State of U.P. & Ors.
513
no.1 (Annexure No.1, to the writ petition)
as well as the Government Order of the
same date i.e. 20.07.2022 filed as Annexure
No.2 to the writ petition.

3. Facts of the case are that the
petitioners who are working as Senior
Homeopathic Medical Officers claimed that
they belong to one and common cadre, from
amongst them persons are also appointed as
District Homeopathic Medical Officers and
Deputy Directors (Homeopathic). Earlier by a
Government Order dated 03.01.2017, it was
provided that the senior most Homeopathic
Medical Officers would be appointed as
Deputy Directors (Homeopathic) and the next
75 senior most persons shall be appointed as
District Homeopathic Medical Officers in the
75 districts. The remaining persons shall
work as Senior Homeopathic Medical
Officers. The same was done as the
administrative duties of the Deputy Directors
(Homeopathic) and the District Homeopathic
Medical Officers were much superior and
they were also entitled to write the ACARs of
their subordinate officers including the Senior
Homeopathic Medical Officers working
under them.

4. Surprisingly, by the impugned
Government Order dated 20.07.2022, the
said policy was modified and it was
provided that the said condition of
appointing four senior most persons as
Deputy Directors (Homeopathic) and next
75
persons
as
District
Homeopathic
Medical Officers and the same was
withdrawn. The State Government retains
itself the discretion to appoint any senior
Medical Officer irrespective of his seniority
to work as District Homeopathic Medical
Officer and the said Government Order was
withdrawn to the said extent. The reasons
for the same are given in Paragraph 5 of the
Government Order, which reads as under:-

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mfpr izdkj ls mipkj fd;k tkuk gSA ofj"B ,oa
vuqHkoh
gksE;ksiSfFkd
fpfdRlkf/kdkj;ksa
dh
vko';drk izR;sd tuin ds jksfx;ksa dks gSA ;fn
lHkh ofj"B gksE;ksiSfFkd fpfdRlkf/kdkfj;ksa dks
ofj"Brk dze esa ftyk gksE;ksiSfFkd fpfdRlkf/kdkjh
1⁄4iz'kklfud in1⁄2 cuk fn;k tkrk gS rks mudh
;ksX;rk vkSj vuqHko dk ykHk vke turk@jksfx;ksa
dks izkIr ugha gks ik;sxkA mDr ds n`f"Vxr vk;q"k
vuqHkkx&2
ds
mDr
vkns'k
la[;k&3141@71&vk;q"k&2&2016&158@2016]
fnukad 03-01-2017 dks vodzfed djrs gq, O;ikd
tufgr esa ;g fu.kZ; fy;k tkrk gS fd izns'k ds
leLr
tuinksa
esa
rSukr
gksE;ksiSfFkd
fpfdRlkf/kdkfj;ksa
esa
ls
ofj"Bre
ofj"B
gksE;ksiSfFkd fpfdRlkf/kdkjh dks ftyk gksE;ksiSfFkd
fpfdRlkf/kdkjh ds :i esa rSukr fd;k tk;sxk
vkSj ;g lqfuf'pr fd;k tk;sxk fd tuin dk
dksbZ Hkh ofj"B fpfdRlkf/kdkjh fdlh dfu"B
ftyk gksE;ksiSfFkd fpfdRlkf/kdkjh ds v/khu
dk;Zjr u gksA**"

5. The reasons given that the senior
Homeopathic Medical Officers, who are
experienced are required in every district. It
also states that in a district, a person senior
to the District Homeopathic Medical
Officer shall not be appointed as Senior
Homeopathic Medical Officer. The reasons
and conditions provided in Paragraph 5 of
the Government Order, defeats the very
purpose which is provided in this regard.
Once a junior person is appointed in a
district
as
the
District
Homeopathic
Medical Officer, no person senior to him
would be appointed. Thus, only further
junior persons would be appointed in the
said
district
as
Senior
Homeopathic
Medical Officer. The earlier policy of the
State Government which provides that 75
senior most persons be appointed as
District Homeopathic Medical Officers in
75 districts, gave sufficient flexibility to the
Government to appoint senior persons from
514 INDIAN LAW REPORTS ALLAHABAD SERIES
amongst Senior Homeopathic Medical
Officers also in every district. The
conditions provided in the impugned
Government Order is self defeating and
being arbitrary is hit by Article 14 of the
Constitution of India. Therefore, the
Government Order dated 20.07.2022, is
hereby quashed.

6. Learned Standing Counsel states
that the rules provide sufficient discretion
to the State Government to appoint Senior
Homeopathic Medical Officers, as they
desire, as there is no condition placed in the
rules except for appointing four senior most
persons
as
Deputy
Directors
(Homeopathic). He further submits that the
grade
of
the
Deputy
Directors
(Homeopathic) and District Homeopathic
Medical Officers and Senior Homeopathic
Medical Officers, is the same.

7. I do not find any force in the
submissions of learned Standing Counsel.
To fill up the gap in the rules, the State
Government itself has issued a Government
Order dated 03.01.2017 and filled the said
gap. The procedure provided in the
Government Order 03.01.2017 in itself is
sufficiently provided the procedure which
was not arbitrary and was in consonance of
Article 14 of the Constitution of India.

8. Since the Government Order dated
20.7.2022 is set aside, hence the impugned
order dated 20.07.2022, whereby the
persons have been appointed in furtherance
of the Government Order dated 20.07.2022,
also cannot stand and is hereby set aside.
The State Government is directed to
appoint the persons in accordance with the
Uttar
Pradesh
Homeopathic
Medical
Service Rules, 1990, duly amended from
time to time as well as the Government
Order
dated
03.01.2017.
The
said
modification in the posting shall be made,
positively within a period of four weeks
from today.

9. The writ petition is allowed.
----------
(2023) 1 ILRA 514
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.12.2022

BEFORE

THE HON'BLE MRS. SANGEETA CHANDRA, J.

Writ-A No. 11196 of 2022

Smt. Kiran ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Pratik Srivastava, Sri Abhishek Bhushan,
Sri Anil Bhushan Sr. Advocate

Counsel for the Respondents:
C.S.C., Sri Abhishek Srivastava, Sri Krishna
Agarwal

A. Civil Law - Constitution of India, Art. 16
- Compassionate Appointment - Dying in
Harness Rules, 1974 - Married Daughter -
Dying
in
Harness
Rules,
1974
on
04.05.2022 and now married daughters
are
also
entitled
for
compassionate
appointment - However, the Corporation
is governed by its own Polices and
Regulations & that the Board of the
Corporation
has
not
yet
adopted
amendments made in the Rules of 1974 by
the Government in 2021 - compassionate
appointment is an exception to the
general rule of direct recruitment under
Article 16 - No aspirant has a right to
compassionate appointment & it can be
considered only after all the norms laid
down in the State Policies/Regulations are
satisfied by such family members, on the
date of consideration of application, which
has
to
be
strictly
observed
for