# Ram Briksha Chaudhari v. Principal, M.L.B. Medical College, Jhansi and another - **Citation:** (2001) 1 ILRA 310 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2001 - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-briksha-chaudhari-v-principal-m-l-b-medical-college-jhansi-and-another-39722 - **Pages:** 3 ## Text INDIAN LAW REPORTS ALLAHABAD SERIES [2001 310 and permit her to join as directed by the District Inspector of Schools. 25,*,1$/ -85,6',&7,21 25,*,1$/ -85,6',&7,21 &,9,/ 6,'( &,9,/ 6,'( '$7( $ '$7( $//$+$%$' //$+$%$' %()25( %()25( 7+( +21 %/( $. <2* - 7+( +21 %/( $. <2* - &LYLO 0LVF :ULW 3HWLWLRQ 1R RI 6KUL 5DP %ULNVKD &KDXGKDUL «3HWLWLRQHU 9HUVXV 3ULQFLSDO 0DKDUDQL /D[PL %DL 0HGLFDO &ROOHJH -KDQVL DQRWKHU 5HVSRQGHQWV &RXQVHO IRU WKH 3HWLWLRQHU 6KUL 3UDGHHS &KDQGUD 6KUL %3 6ULYDVWDYD &RXQVHO IRU WKH 5HVSRQGHQWV 6& &RQVWLWXWLRQ RI ,QGLD $UWLFOH ± $SSRLQWPHQW RQ WKH SRVW RI /DE 7HFKQLFLDQV ZLWKRXW DGYHUWLVHPHQW ZLWKRXW DGRSWLQJ SUHVFULEHG SURFHGXUH ± HYHQ QRW SRVVHVVLQJ UHTXLVLWH WUDLQLQJ ± QRW HQWLWOHG IRU DQ\ UHOLHIHQWLUH VDODU\ SXUVXDQW WR H[ SDUWH LQWHULP RUGHU UHLPEXUVHG &KLHI 6HFUHWDU\ WR KROG HQTXLU\WDNH VXLWDEOH DFWLRQ DJDLQVW WKH JXLOW\ RIILFHU +HOG ±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y the Court 1. Admittedly, petitioner Shri Ram Briksha Chaudhari, was appointed by the Principal, Maharani Laxmi Bai Medical College, Jhansi as is evident from perusal of his appointment letter dated 22nd February, 1995 (Annexure-1 to the Writ Petition). There is no averment that the post was ever advertised. From the record of the petition it is evident that the Petitioner was appointed without adopting prescribed procedure for making appointment. 2. Moreover, there is no averment nor any material on record to show that Petitioner, who did not possess requisite training of Lab-Technician, was appointed under constraints of nonavailability of a qualified candidate. It is queer to note that no effort was made to advertise the post and select best available candidate at that time. Petitioner alleges that he was not permitted to complete requisite training in pursuance to the condition contained in the aforesaid appointment letter (Annexure-1 to the Writ Petition) and in its support he has filed two documents (Annexures-4 and 5 to the Petition) wherefrom it appears that Petitioner applied to the Director General for according permission to him for 1All] Ram Briksha Chaudhari V. Principal, M.L.B. Medical College, Jhansi and another 311 obtaining requisite Lab Technician Training. The Principal appears to have recommended the same vide letter dated 15th June, 1996 (Annexure-5 to the Writ Petition). What action was taken by the Petitioner when requisite permission was not accorded by the Director General, Medical Education and Training is a matter of guess work in absence of requisite pleadings and cannot be decided as necessary requisite pleadings are wanted in this case. Petitioner has not filed relevant material indicating the minimum qualification required for the post of Lab Technician nor he has filed copy of the requisite rules permitting in- service training and/or otherwise permitting a candidate to be appointed as Lab Technician without possessing requisite training/qualification. 3. A Counter Affidavit has been filed on behalf of Respondent No. 1. In Para. 3 of the Counter Affidavit it is stated that Petitioner did not complete training of Lab Technician even though he had full opportunity to do so until 31st January, 1997. From the averments made in the Counter Affidavit this Court comes to the conclusion that Petitioner was not serious to complete Lab Technician Training. 4. Be that as it may be, the initial appointment of the Petitioner being arbitrary and absolutely illegal, he is not entitled to any relief claimed under Article 226, Constitution of India, which is an extraordinary discretionary remedy. This Court has no hesitation in recording that Petitioner succeeded in obtaining appointment by using extraordinary means on the dictates of Director General, Medical Education and Training and completely by-passing the regular procedure of selection for the post in question. Writ Petition stands dismissed. Interim order dated 12th December, 1997 is discharged. 5. It is made clear that though it is a fit case where Petitioner should be required to reimburse entire salary paid under interim order of this Court, but for the fact that he was paid entire amount by way of salary under interim order dated 12th December, 1997, which was passed in absence of the Counter Affidavit. This Court cannot ignore the fact that Petitioner is not alone responsible for obtaining an illegal appointment and also other responsible person holding the post that of Director General, Medical Education and Training and Principal of Maharani Laxmi Bai Medical College, Jhansi are also involved, it will not be expedient to punish the Petitioner alone particularly when he has rendered services involving physical volition. It is, however, a fit case where a certified copy of this judgment be sent to the Chief Secretary, Government of Uttar Pradesh, Lucknow for taking necessary action, after holding necessary enquiry, and suitable action may be taken as may be advised and deemed proper in the facts of the case. INDIAN LAW REPORTS ALLAHABAD SERIES [2001 312 25,*,1$/ -85,6',&7,21 25,*,1$/ -85,6',&7,21 &,9,/ 6,'( &,9,/ 6,'( '$7(' $//$+$%$' 129(0%(5 '$7(' $//$+$%$' 129(0%(5 %()25( %()25( 7+( +21·%/( '6 6,1+$ - 7+( +21·%/( '6 6,1+$ - 7+( +21·%/( 53 0,65$ - 7+( +21·%/( 53 0,65$ - &LYLO 0LVF :ULW 3HWLWLRQ 1R RI 9LVKDQML 7RNDUVL «3HWLWLRQHU 9HUVXV 7KH &ROOHFWRU .DQSXU 1DJDU DQG RWKHUV «5HVSRQGHQWV &RXQVHO IRU WKH 3HWLWLRQHU 6UL 9% 7LZDUL &RXQVHO IRU WKH 5HVSRQGHQWV 6& 6UL 6XGKLU $JDUZDO 6UL 5&