Allahabad High Court High Court

Dr. Samta W/O Dr. Dharmednra Singh vs State Of U.P. Thru Prin. Secy. … on 5 January, 2010

Allahabad High Court
Dr. Samta W/O Dr. Dharmednra Singh vs State Of U.P. Thru Prin. Secy. … on 5 January, 2010
Court No. - 4

Case :- SERVICE BENCH No. - 2068 of 2009

Petitioner :- Dr. Samta W/O Dr. Dharmednra Singh
Respondent :- State Of U.P. Thru Prin. Secy. Medical Education & Ors.
Petitioner Counsel :- Ravi Nath Tilhari
Respondent Counsel :- C.S.C.,Rajnish Kumar,Shireesh Kumar

Hon'ble Sunil Ambwani,J.

Hon’ble Dr. Satish Chandra,J.

The petitioner is permitted to implead ‘Maharani Laxmibai
Medical College Jhansi’; ‘Bundelkhand University, Jhansi’;
‘Medical Council of India, New Delhi’ and ‘Ministry of Health,
Government of India, New Delhi ‘as party respondents to the writ
petition.

Learned Standing Counsel appears for respondent nos. 1 and 2.
Shri Rajnish Kumar appears for respondent no. 5. Shri Shireesh
Kumar has accepted notice on behalf of respondent no. 6.

The petitioner has prayed for issuing a writ of quo warranto to
respondent no. 6 to show cause and to disclose the authority, under
which he is holding the post of Lecturer (Anatomy) in the Medical
College for which the petitioner was also one of the applicant on
the ground that the post graduate degree of respondent no. 6 (M.D.
Anatomy) awarded by the Bundelkhand University is not a
recognised medical qualification under the Schedule appended to
Indian Medical Council Act, 1956 in terms of the amendments
made in the Act vide Section 10-A and 10-B.

All the respondents are allowed four weeks’ time to file counter
affidavit. The petitioner will have one week thereafter to file
rejoinder affidavit.

List immediately after six weeks.

Order Date :- 5.1.2010
RKP