O P SHUKLA AND Vs. M L N MEDICAL COLLEGE ALLAHABAD
LAWS(ALL)-1981-10-6
HIGH COURT OF ALLAHABAD
Decided on October 19,1981

O.P.SHUKLA Appellant
VERSUS
M.L.N.MEDICAL COLLEGE, ALLAHABAD Respondents

JUDGEMENT

K.C.Agrawal, J. - (1.) These two petitions raise common questions of law and are thus being decided by a common judgment.
(2.) Dr. O. P. Shukla, the petitioner of writ No. 7224 of 1981, was given an appointment in the housemanship in Ophthalmology on Jan. 17, 1981. He continued till 30th June, 1981. Before the expiry of the aforesaid period, the Medical College advertised posts for recruitment as House Officers afresh on l'5th May, 1981. Amongst the various terms and conditions laid down, one of them was "appointments will be made for six months i.e. up to 31st Dec. 1981. The services are purely temporary and are terminable on either side on one month's prior notice or one month's salary In lieu of notice." The petitioner applied for the appointment for six months more on the post held by him. Apart from Dr, O. P. Shukla, several others also applied for being appointed as House Officers in the Department of Ophthalmology. The petitioner was given the appointment for six months in the Department of Ear, Nose and Throat. Aggrieved by that appointment in the said Department and not in the Department of Ophthalmology, the petitioner filed the present writ petition. The case of the petitioner is that he was entitled to get the appointment continued in the said old Department for which he had been chosen in Jan., 1931.
(3.) The point raised on his behalf was that after the petitioner had been given the Housemanship in Ophthalmology, the respondents had no power to change the Department and appoint him in the Department of Ear, Nose and Throat.;


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