H.N.Seth, J. - (1.) Aggrieved by non renewal of the term of his appointment as Demonstrator in the Department of Forensic Medicine, Medical College Allahabad, after 30th June, 1980 and the appointment of Dr. Surendra Bahadur Singh, respondent no. 4, to that post for a period of six months, petitioner Dr. Chandra Kant has approached this Court for relief under Article 226 of the Constitution.
(2.) Briefly stated the facts giving rise to the present writ petition are that petitioner Dr. Chandra Kant joined short Service Commission in the Army Medical Corps in the year, 1971 for a period of five years. He was released from the army in the year, 1976 and thereafter he took the Diploma Course in Ear, Nose and Throat diseases at the Moti Lal Nehru Medical College, (hereinafter referred to as Medical College Allahabad), in May, 1977. He was subsequently registered for M. D. course in Forensic Medicine. One Dr. A. K. Gupta, who was working as a Demonstrator since January, 1979 and whose appointment was to continue up to June, 1980, resigned from the post of Demonstrator in Forensic Medicine in the month of February, 1980. Principal of the Medical College, Allahabad, by means of a notice dated 8th February, 1980, invited applications for the posts of Demonstrators in Forensic Medicine and some other department in the pay scale of Rs. 450-700. The notice listed the following as qualifications essential for the job:- 1. Passed M. B. B. S. and completed his rotating internship period of one year and M. Sc. Biochemistry. 2. Preference will be given to (1) must have done his house officer-ship in the subject or allied subject for M. B. B. S., applicant (2) must have done resident officer's job for one year in the subject for M. B. B. S. applicant. 3. Candidates with post-graduate qualifications in the subject concerned or allied subject. 4. Candidate with high merit in the subject concerned. 5. Those having teaching experience. 6. Those already in employment should apply through proper channel. N. B. - (i) Candidates with good academic record will only be considered. (ii) The number of vacancies may increase or decrease. (iii) Canvassing in any manner will disqualify the candidate. (iv) Incomplete applications and those without required certificates will not be considered. The notice further stated that the selected candidates will be required to join within specified time and that they will not be allowed to apply elsewhere during first six months of their tenure.
(3.) Petitioner Dr Chandra Kant made an application and was selected for appointment as Demonstrator in the Department of Forensic Medicine of the Medical College. However, the appointment letter dated 28th February, 1980 issued to him clearly stated that his appointment was purely temporary and that had been sanctioned till 3th June, 1980 terminable at any time without notice. The petitioner took up his appointment and started working as Demonstrator in the Department of Forensic Medicine. As the date 30th June, 1980 was approaching, the petitioner made an application on 10th June, 1980 praying for an extension of the tenure of his appointment for Demonstrator ship in the Department of Forensic Medicine till 31st December, 1980. It appears that in the meantime the Principal of the Medical College issued a notice dated 18th June, 1980 calling for applications for various posts of Demonstrators, Registrars and Resident Officers on the terms and conditions mentioned therein. The notice specified that the appointment when to be for a period of six months i. e. up to 31st December, 1980 but then their services, of the appointees could be terminated after giving one month's notice or pay in lieu of notice on either side. The minimum qualification for posts other than that of Demonstrator in Pharmacy and Biochemistry was stated to be as Medical Graduates fully registered with State Medical Council, U. P. Respondent no. 4 Dr. S.B. Singh, who had obtained full registration with the State Medical Council after completing his M.B.B.S. recently, also made an application for the post of Demonstrator in Forensic Medicine. Eventually the Principal, Medical College, appointed respondent no. 4 as Demonstrator in the Department of Forensic Medicine for the period ending 31st December, 1980.;