Allahabad High Court
Awval Ansari vs State Of U.P. Thru. Prin. Secy. Medical ... on 29 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:67452
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 11892 of 2025
Awval Ansari
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Dwijendra Mishra, Vishva Deep Pandey
Counsel for Respondent(s)
:
C.S.C., Puneet Chandra
Court No. - 18
HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the petitioner, Sri G.K.Singh, learned counsel for the State and perused the records.
On 09-10-2025, the following order was passed :-
"Heard learned counsel for the petitioner, learned counsel for the State and perused the record.
Instant petition has been filed with the following reliefs:-
"I. Issue a writ in the nature of Certiorari to quash the order dated 20-08-2025 passed by the Chief Medical Officer Ambedkar Nagar, U.P. contained as Annexure No. 1 to the writ petition,
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the appointment of the petitioner on the post of Data Entry Operator on contractual basis at fixed honorarium in pursuance of Government Orders dated 27/08/2024, 01/01/2025 and 27-05-2025 issued by the opposite party no. 1 to all the District Magistrate and Chief Medical Officers in which very clear directions were issued to appoint all those medical staffs who have worked in the districts as temporary/short term contract basis/ outsource employee during Covid Epidemic/COVID-19.
III. Issue such other order or direction which this Hon'ble court may deem just and proper in the circumstances of the case.
IV. Allow the cost of the writ petition in favor of the petitioner."
It is submitted by counsel for the petitioner that the petitioner was appointed to the post of Data Entry Operator in year 2021 and he was kept on working uptil 2024, even during the COVID period. He submitted the Government Order dated 27.08.2024 was issued, wherein, it is provided that those Data Analyst, who were working during the COVID period, shall be engaged through outsourcing agency.
He submitted that the Chief Medical Officer, Ambedkar Nagar has rejected the representation of the petitioner on 28.08.2024 while observing that the petitioner did not possess the one-year diploma course which in fact is perverse, as is evident that the petitioner has Advanced Diploma in Computer Applications, as appended, at page 43 of this petition. He submitted that all the documents were furnished to the Chief Medical Officer, but the same has been ignored.
Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel appearing for the State prays for and is granted three days' time to seek detailed instructions, particularly with the fact that once the petitioner has one-year Advanced Diploma certificate in Computer Applications course, why his representation has been rejected on this premises.
List/put up this matter on 15.10.2025 in the list of fresh cases.
Ms. Niharika Sahai, advocate, holding brief of Sri Puneet Chandra, counsel for respondent no. 2 is present."
While passing the aforesaid order, the next date for hearing of the case was fixed on 15-10-2025 and it was stated by the learned State Counsel that Rama Technical Degree College, from where the petitioner has obtained the one year diploma course in computer, is not recognized and therefore, the said course is invalid.
On 15-10-2025, the order is passed by this court, which reads as under :-
"On 9.10.2025, following order has been passed:-
"Heard learned counsel for the petitioner, learned counsel for the State and perused the record.
Instant petition has been filed with the following reliefs:-
"I. Issue a writ in the nature of Certiorari to quash the order dated 20-08-2025 passed by the Chief Medical Officer Ambedkar Nagar, U.P. contained as Annexure No. 1 to the writ petition,
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the appointment of the petitioner on the post of Data Entry Operator on contractual basis at fixed honorarium in pursuance of Government Orders dated 27/08/2024, 01/01/2025 and 27-05-2025 issued by the opposite party no. 1 to all the District Magistrate and Chief Medical Officers in which very clear directions were issued to appoint all those medical staffs who have worked in the districts as temporary/short term contract basis/ outsource employee during Covid Epidemic/COVID-19.
III. Issue such other order or direction which this Hon'ble court may deem just and proper in the circumstances of the case.
IV. Allow the cost of the writ petition in favor of the petitioner."
It is submitted by counsel for the petitioner that the petitioner was appointed to the post of Data Entry Operator in year 2021 and he was kept on working uptil 2024, even during the COVID period. He submitted the Government Order dated 27.08.2024 was issued, wherein, it is provided that those Data Analyst, who were working during the COVID period, shall be engaged through outsourcing agency.
He submitted that the Chief Medical Officer, Ambedkar Nagar has rejected the representation of the petitioner on 28.08.2024 while observing that the petitioner did not possess the one-year diploma course which in fact is perverse, as is evident that the petitioner has Advanced Diploma in Computer Applications, as appended, at page 43 of this petition. He submitted that all the documents were furnished to the Chief Medical Officer, but the same has been ignored.
Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel appearing for the State prays for and is granted three days' time to seek detailed instructions, particularly with the fact that once the petitioner has one-year Advanced Diploma certificate in Computer Applications course, why his representation has been rejected on this premises.
List/put up this matter on 15.10.2025 in the list of fresh cases.
Ms. Niharika Sahai, advocate, holding brief of Sri Puneet Chandra, counsel for respondent no. 2 is present."
In compliance of the order above, Sri G.K. Singh has placed the copy of the instructions dated 13.10.2025 sent by the Chief Medical Officer, Ambedkar Nagar, which is taken on record.
As per instructions, he submitted that Rama Technical Degree College is not a recognized institution and, therefore, the certificate appended is of no avail.
From the perusal of the order impugned dated 20.8.2025 passed by the Chief Medical Officer, Ambedkar Nagar, it is apparent that no such reason or finding has been recorded that the certificate of advanced diploma in computer application issued by Rama Technical Degree College, is invalid as the institution is not duly recognized. It is not understandable from going through the instructions that how the Chief Medical Officer has reached the conclusion that the institution is not a recognized one.
List/put up this matter on 27.10.2025 in the list of fresh cases.
The Chief Medical Officer shall place the instructions that what is the source of his knowledge regarding status of the Institution."
Vide the aforesaid order, the State Counsel was directed to seek instructions that what is the source of the information with the authority concerned that the one year diploma course, in computer, which is obtained by the petitioner from Rama Technical Degree College, is not recognized.
In compliance of the aforesaid order, the instructions dated 27-10-2025 is placed before this court,which is sent by the Chief Medical Officer, Ambedkar Nagar and the same is taken on record.
Referring the aforesaid, learned counsel for the State submits that the Chief Medical Officer, Ambedkar Nagar has sent a letter to Joint Secretary, I.T. & Electronics Section-II, U.P., Lucknow to find out regarding the information of the institution namely, Rama Technical Degree College for verification of it's recognition.
From perusal of the order impugned dated 20-08-2025, it is apparent that the petitioner could not be adjusted against any post because he did not have one year diploma course in computer.
The fact remains that the petitioner has appended the marksheet of advanced diploma course in computer at page 43 of the writ petition and the same could not be confronted by the learned counsel for the State, rather as per the instructions, the letter has been sent on 27-10-2025 to find out regarding the recognition of the institution, from where the petitioner has obtained the diploma course.
This court is aware of the settled law that every order has to stand on its' own legs.
The Hon'ble Apex Court in the case of Mohinder Singh Gill and Another Vs Chief Election Commissioner & Others, reported in (1978) 1 SCC 405, has settled the law in paragraph no. 8 of the Judgment, which reads as under:-
"8. The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out. We may here draw attention to the observations of Bose, J. in Gordhandas Bhanji [Commr. of Police, Bombay v. Gordhandas Bhanji, 1951 SCC 1088 : AIR 1952 SC 16] :
?Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself.?
Orders are not like old wine becoming better as they grow older."
Since the order passed by the Chief Medical Officer, Ambedkar Nagar is on nonest ground and therefore,the same is not sustainable in the eyes of law.
Consequently, the order dated 20-08-2025 passed by the Chief Medical Officer, Ambedkar Nagar, is hereby quashed.
The matter is remitted back to the Chief Medical Officer concerned to consider the request of the petitioner for his appointment on the post of Data Entry Operator on contractual basis, on fixed honorarium as per the government orders dated 27-08-2024, 01-01-2025 and 27-05-2025, within the period of one month, from the date a certified copy of the order is produced before him.
With the aforesaid observations, the instant writ petition is hereby disposed of.
(Shree Prakash Singh,J.)
October 29, 2025
AKS
