- (1.) This petition in the nature of Public Interest Litigation has been filed by one Prabhakar Mishra seeking following reliefs: 1.This Hon'ble Court may very kindly be pleased to issue the writ of quo warranto and declare the appointment of opposite party no. 1 who at present holds the post of Director of Drugs Ayurvedic/Unani of U.P. ab initio void. 2.Any other writ, order or direction as this Hon'ble Court may issue under the facts and circumstances this Hon'ble Court may deem fit and proper.
(2.) The relief aforesaid is not only wholly misconceived but is also not clear. In fact, during the course of arguments, learned counsel for the petitioner Sri Paras Ram Gupta clarified that he seeks a declaration that the initial appointment of opposite party no. 1 on the post of Drug Inspector is bad and, therefore, he cannot hold the superior/promotional post of Director of Drugs, Ayurvedic/Unani.
(3.) Sri Sandeep Dixit appearing for opposite party no. 1 has raised a preliminary objection regarding maintainability of the writ petition as 'PIL' calling it as an abuse of the process of the Court and also harassment to opposite party no. 1.;