R.V. Raveendran, J. - (1.) Leave granted. The respondents though served, remain unrepresented.
(2.) The appellant was enrolled/registered with the Board of Indian Medicine, Uttar Pradesh on 23.7.2003. He got his name deleted from the State Register of Indian Medicine so as to enroll himself in another State. He again sought re-enrolment in Uttar Pradesh which was granted with prospective effect from 23.8.2007. He was denied interview for selection by the respondents to the post of Medical Officer, as his re-enrolment did not fulfil the eligibility requirements. He therefore wanted his registration to be restored with retrospective effect from the date of original enrolment. He filed a writ petition before the Allahabad High Court seeking a direction to respondents to call him for interview for the post of Medical Officer (Ayurved/Unani). In the said petition, an interim order was granted on 31.10.2007, permitting him to appear in such interview. By making use of the said interim order, he secured an order from the Board of Indian Medicine, UP, restoring his enrolment from the date of initial registration. Consequently, he was called for the interview. Thereafter, he moved the court for dismissal of the writ petition as not pressed. The High Court, on 25.2.2008, accordingly dismissed the writ petition by the following order: Learned Counsel for the petitioner states that petitioner is not interested in pursuing this writ petition and the same may be dismissed as not pressed. In view of the statement so made by the learned Counsel for the petitioner, this writ petition is dismissed as not pressed. Interim Order, granted by this Court dated 31st October, 2007 stands discharged. If the petitioner has participated in the process of selection because of the said interim order granted in his favour by this Court in this writ petition and ultimately he has been selected, it goes without saying that such participation in the process of selection by the petitioner would be rendered illegal, inasmuch as the interim order of this Court dated 31st October, 2007 stands merged in the final order of this Court, where under this writ petition has been dismissed. Petitioner cannot be permitted to draw the benefit from the interim order granted by this Court dated 31st October, 2007. State authority is directed to take appropriate action in the matter and to ensure that in case the petitioner had been selected/appointed because of participation in the process of selection under the interim order of this Court dated 31st October, 2007, suitable orders revoking the selection/appointment of the petitioner shall be issued. This order may be communicated to respondent No. 1 i.e. Secretary, Karmik, Government of UP, Lucknow by the learned Statnding Counsel within one week. (emphasis supplied)
(3.) The appellant is aggrieved by the observation in the said order that he cannot draw benefit from the interim order and the direction for revocation of the selection, if any, made in pursuant of the interim order. The appellant claims that when he made a submission that he did not wish to press the writ petition, he bona fide thought that the court would merely pass an order simplicitor dismissing the petition as not pressed. The appellant submits that had he known that any conditions or directions detrimental to his interest would be added to the order, while dismissing the petition as not pressed, he would not have sought dismissal of the writ petition.;