Dr. Mohammad Azam And 12 Ors vs Union Of India And 4 Ors
2017 Latest Caselaw 2161 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 44031 of 2014
 

 
Petitioner :- Dr. Mohammad Azam And 12 Ors
 
Respondent :- Union Of India And 4 Ors
 
Counsel for Petitioner :- R.P.S. Chauhan
 
Counsel for Respondent :- C. S. C.,A.S.G.I. (2014/10363),Ashish Agarwal,H.K. Mishra,Krishna Agarwal
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

The petitioners who are 13 in numbers appears to be aggrieved by non-issuance of the appointment letters pursuant to the delegation took place on 13.01.2014. The petitioners claimed that they have been appointed by the validly constituted selection committee as doctor on contract basis in National Rural Health Mission. The selection has been cancelled on the ground  that the approval of the District Magistrate has not been sought for.

Sri R. P. S. Chauhan has brought on record the copy of the government order dated 25.05.2007 issued by Principal Secretary Medical and Health Services U.P. Lucknow dated 25.05.2007. In para 3 of the aforesaid government order description of selection committee has been mentioned. According to rules the District Magistrate shall be the chairman of the committee and Chief Medical Officer and two persons nominated by the District Magistrate belonging to other backward classes and schedule caste as members.

It appears that District Magistrate has deputed one additional District Magistrate to chair the selection committee. The selection took place but the same has been cancelled for the reason that the same was not approved by the District Magistrate. Submissions is  that under the government order dated 25.05.2007 there is no provision to seek approval of the District Magistrate.

Here the basic question would be that once the  government has constituted selection committee in chairmanship of District Magistrate whether the District Magistrate could delegate his power Additional District Magistrate to act as Chairperson of the Selection Committee.

Learned Standing Counsel is directed to file an affidavit clarifying the position within a period of two weeks. The affidavit has to be sworn by an officer of State Government not below the rank of Special Secretary.

List this case on 27.07.2017.

Interim order grated earlier shall continue till next date of listing.

Order Date :- 10.7.2017

Swati