- (1.) This is an application under Order XIV of United Provinces High Courts (Amalgamation) Order, 1948. The facts, inter alia, involved in this writ petition, namely, Civil Misc. Writ Petition No. 1678 (S/B) of 1998 are that the petitioner Dr. Manju Verma, (hereinafter referred to as the first petitioner) was appointed as an ad hoc lecturer in Obstetrics and Gynaecology in State Medical College in November 1975, and was posted as ad hoc lecturer at Maharani Laxmi Bai Medical College, Jhansi. In February 1978, she was transferred as ad hoc lecturer by the State Government to Motilal Nehru Medical College, Allahabad, where while working as ad hoc lecturer, she was regularised as lecturer under the provisions of the Regularisation of Ad hoc Appointment Rules, 1979. She was promoted in December 1980 as ad hoc Reader in Obstetrics and Gynaecology Department and was posted at Baba Raghav Das Medical College, Gorakhpur, but on account of the death of her father-in-law, she was unable to join at Gorakhpur and qontinued to work as a lecturer at Allahabad.
(2.) It is alleged that while the petitioner was working as a lecturer at Allahabad, the post of Reader in Obstetrics and Gynaecology (Post Partem Programme) were advertised by the Public Service Commission, U.P. Allahabad, in response to which she applied for appointment to the said post. It may be noted here that the posts of Reader in Obstetrics and Gynaecology advertised by the Public Service Commission, U.P., Allahabad, were to be filled in by direct recruitment. As appears from Annexure-1 to the writ petition, the notification dated 9.6.1982 notified by the Public Service Commission, U.P. Allahabad, on the basis of recommendations of Selection Committee : (i) Dr. (Smt.) Veena Mathur ; (ii) Dr. (Smt.) Meera Agnihotri ; (iii) Dr. (Smt.) Sadhana Kala (Upraiti) and (iv) Dr. (Smt.) Manju Verma (Srivastav) were selected in order of merit and Dr. (Smt.) Sandhya Agarwal was placed in the waiting list. It is also alleged that the candidate recommended at Sl. No. 3, i.e., Dr. (Smt.) Sadhana Kala (Upraiti) did not join as Reader in Obstetrics and Gynaecology in pursuance of the recommendations of the Public Service Commission, U. P., Allahabad and consequently, the first petitioner who was at Serial No. 4 moved to the position at Sl. No. 3 and Dr. (Smt.) Sandhya Agarwal, who was in the waiting list, came to the 4th position.
(3.) It is alleged that the State Government did not issue appointment letters to the candidates selected by the Public Service Commission and before that in November, 1982 and May, 1985, arbitrarily appointed, on ad hoc basis Dr. Radha Jina, Dr. Kumkum Srivastava and Dr. Barun Sarkar as ad hoc Readers in Obstetrics and Gynaecology in State Medical Colleges.;