Santosh Kumar Mathur vs State Of U.P. Thru. Addl. Chief ...
2018 Latest Caselaw 2840 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- P.I.L. CIVIL No. - 24194 of 2018
 
Petitioner :- Santosh Kumar Mathur
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Education &Ors
 
Counsel for Petitioner :- Santosh Kr.Mathur(In Pers
 
Counsel for Respondent :- C.S.C.,Anupras Singh,Sanjay Bhasin
 

 
Hon'ble Shabihul Hasnain,J.

Hon'ble Rajesh Singh Chauhan,J.

This petition was filed by one Sri Santosh Kumar Mathur, who has shown himself to be a practicing lawyer.

Today, Sri Chandra Bhushan, Advocate has put in appearance on his behalf and filed his Vakalatnama, which is taken on record.

An application for intervener has been filed by one Dr. Shobhana Dube, a copy whereof shall be given to the counsels for the respondents. Objections may be filed by the respondents against the application moved by the intervener.

Dr. Shobhana Dube, has drawn attention of this Court towards earlier order passed by a Division bench of this Court in Writ Petition No.19071 (S/B) of 2018; Dr. Shobhana Dube vs. State of U.P. & others. In the earlier order, the Division Bench of this Court had observed that though the writ petition was not maintainable before the Division Bench dealing with service matter, but PIL could have been filed before appropriate Court.

The intervener, Dr. Shobhana Dube, further drawn attention of this Court towards an inquiry report conducted by the Director General of Medical Education, U.P., Lucknow, which is contained as part of Annexure No.7 to the writ petition and is available on record at page No.118. The inquiry report raises doubts about the working of Dr. Ram Manohar Lohiya Institute of Medical Science, Lucknow (here-in-after referred to as the "Institute".).

On the other hand, Sri J.N. Mathur, learned counsel for the Institute has submitted that this writ petition is not maintainable on behalf of the petitioner as well as on behalf of the intervener. However, he would like to file objections with respect to credentials of the practicing Advocate, who has filed this petition, as well as inquiry report conducted by the Director General of Medical Education.

We find it appropriate that the counter affidavit may be filed by the respondents within three weeks.

List this case after three weeks.

When the case is next listed, name of Dr. Shobhana Dube, be shown in the cause list, however that shall be subject to the decision on the intervener application.

Order Date :- 26.9.2018

Suresh/

[Rajesh Singh Chauhan,J.] [Shabihul Hasnain,J.]