Pankaj Kumar Singh And Others vs State Of U.P. Thru Secy. And Others
2023 Latest Caselaw 3972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- WRIT - C No. - 15224 of 2013
 

 
Petitioner :- Pankaj Kumar Singh And Others
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Counsel for Petitioner :- Mahipal Singh,Prashant Kumar Singh
 
Counsel for Respondent :- C.S.C.,Amit Negi,Avanish Mishra,Indra Raj Singh
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Learned counsel for petitioners and Shri Anil Bhushan, learned Senior Counsel, assisted by Sri Adarsh Bhushan, learned counsel for respondents and Sri Amit Negi, learned counsel for respondent No.4.

Petitioners, herein 20 in number, by the instant writ petition, seek inter alia the following reliefs :-

"i. Issue a writ, order or direction in the nature of mandamus commanding the respondents / respondent No.3 to register the names of the petitioners in Physiotherapy with U.P. State Medical Faculty, Lucknow..

ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners Pankaj Kumar Singh, Mayank Singh, Rakesh Kumar Singh, Rohit Singh and Pramod Kumar Singh to appear for interview for the post of Physiotherapist, in pursuance of Advertisement No.4 D (2) / Para Medical / Appointment / 2012 Lucknow dated 15.10.2012."

Learned counsel for respective parties submit that the instant writ petition can be disposed of in terms of the judgment and order passed by the Co-ordinate Bench at Lucnow in Misc. Bench No. 10184 of 2008, Shailesh Kumar Mishra s/o Krishna Chandra Mishra v. State of State of UP Thru Secretary Medical Health, decided on 3.5.2018. The operative portion of the order reads thus :-

"8. We find no reason to deprive the petitioners to the same facility.

In such circumstances, we dispose of this petition in terms of above extracted order.

The petitioners may apply to the U.P. State Medical Faculty for registration.

9. We direct the U.P. State Medical Faculty to consider the case of the petitioners for registration in terms of above extracted orders.

The petitioners may apply within 30 days from today.

10. Claim of the petitioners for registration with U.P. State Medical Faculty would be considered within 60 days thereof.

2. The writ petition is disposed of in terms of above extracted order."

The writ petition is allowed in terms of the decision rendered in Shailesh Kumar Mishra (supra).

Order Date :- 8.2.2023

Akram