SUNIL AMBWANI, KASHI NATH PANDEY, J. - (1.) HEARD Shri T.A. Khan, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh and Shri V.K. Singh have appeared for Dr. Vinit Kumar Mishra-respondent no. 5. By this writ petition, the petitioner-a Bachelor of Dental Surgery (BDS) from Rama Dental College, Kanpur, affiliated to Dr. Bhim Rao Ambedkar University, Agra awarded in the year 2008, has prayed for directions to quash the order dated 24.3.2007 of the Principal, Baba Raghav Das Medical College, Gorakhpur allowing Dr. Vinit Kumar Mishra-respondent no. 5 to work on the permanent post of Demonstrator in the Department of Dental Surgery of the Medical College. By the same order, he has allowed the payment of salary to Dr. Vinit Kumar Mishra from the financial year 2007-2008 as permanent Demonstrator, and until the pay is revised, he has been allowed to draw Rs. 9000/- per month.
(2.) IT is submitted by Shri T.A. Khan, that the post of Demonstrator is by way of an opportunity given to the fresh BDS graduates, to work in the department for a period of one year. By Government Order dated 5.8.1993, forty two posts of Demonstrators were sanctioned to be filled up every year by selection through a Selection Committee. There was no post of Demonstrator sanctioned in the Dental Surgery Department of the BRD Medical College. There was severe shortage of teaching staff in the Dental Surgery Department of the Medical College. The State Government, therefore, decided to transfer one post of Demonstrator from Microbiology Department to the Department of Dental Surgery. Dr. Vinit Kumar Mishra-respondent no. 5 passed B.D.S. Course in December 2003, and was preparing for P.G. Course. His father was serving as Junior Engineer (Civil) in the Medical College. Since he was living in the Medical College campus, he made a request to the Director General, Medical Education and Training, U.P. Lucknow to allow him to work as Honorary Demonstrator/Non-P.G. Resident. His application was accepted by the Director General, Medical Education & Training U.P., on 12.2.2004, and he was allowed to work on honorary basis on which he joined on 20.2.2004. The Principal of the Medical College made a request on 7.5.2004 to transfer one post of Demonstrator of Microbiology Department. The request of the Principal was accepted on 13.5.2004 by the Director General, Medical and Health Services U.P., in the interest of the patients and the students in the department. The requisite sanction was given to transfer the post on 11.6.2004.
(3.) THE respondent no. 5 thereafter applied for appointment on the post of Demonstrator. The Principal allowed him to work on the post for a period of one year with a condition that on the expiry of one year from 11.8.2004(the date of appointment) his services will come to an end, without any further orders. He was also allowed to be paid the wages for the post. It appears that immediately, on the expiry of his term, on 11.8.2004, Dr. Dinit Kumar Misra filed a Writ Petition No. 56170 of 2005 in the High Court, in which the following orders were passed on 22.8.2005:- "We have heard Sri M.D. Singh Shekhar, learned counsel for the petitioner and the learned Standing Counsel appearing for respondents. Counter affidavit on behalf of the respondents may be filed within one month. Rejoinder affidavit may be filed within three weeks thereafter. List thereafter. Until further order of this Court, parties are directed to maintain status quo as exists today. Sd/- V.M. Sahai, J. Sd/- Sabhajeet Yadav, J 22.08.2005" ;