K.L. Sharma, J. - (1.) There writ petitions relate to common facts and similar questions of law and have been finally heard together and are being disposed of by one common judgment.
(2.) The Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (hereinafter referred to as the Institute) published an advertisement No. 19/92 in various newspapers in July 1992 for selection of one Assistant Teacher (Nursery) in the Primary School of the Institute. The petitioners of both the writ petitions submitted their applications for the said post. They were c lied for interview and they appeared before the selection committee besides other several candidates who were also interviewed by the committee. The petitioner Siimati Ela Kacker (Writ Petition No. 2731 of 1993) was placed at Sl. No. 1 in the selection list and Srimati Salma Noor (Writ Petition No. 20'70 of 1993) was placed at SI. No. 2 in the selection list finalised by the selection committee and sent to the Director of the Institute. The petitioner Smt. Salma Noor received order of appointment dated 16-9-1992 for the said post vide Annexure-1 to Writ Petition No. 2070 of 1993 and she joined her assignment and started performing the duties. Srimati Ela Kacker came to know on enquiry from the Director that since she was under-going treatment for Amenorrhoea (Anovulation), she was not considered fit for the job in question and as such the said post was offered to the per on next in the selection list. She replied that she was not subjected to medical examination and so the basic and regular procedure has been violated. She submitted an application' on 12th October, 1992 to the Governor of U.P. in his capacity being the visitor of the Institute against illegal denial of the appointment to the petitioner vide Annexure-5 to the Writ Pet ion No. 2731 of 1993. The Governor called for the comments of the Dir tor as well as the comments of Srimati Salma Noor appointed as Assist Teacher. On receipt of these comments, the Governor allowed toe presentation and directed the Director to cancel the appointment Srimati Salma Noor aDd to appoint Srimati Ela Kacker if she was found suitable. In pursuance of this order dated February 8, 1993, the service's of Srimati Salma Noor were terminated by the Director vide his letter dated 6-3-1993, Annexure-3 to the Writ Petition No. 2070 of 1993. Challenging the said order, Srimati Salma Noor filed the writ petition in this Court, and the interim order of stay was passed and she continued 6 work as Assistant Teacher. However, the Director again passed a s c or d order of termination on 21-4-1993 terminating her services with immediate effect on the ground that the Institute does not require her service s any longer as the appointment was for a period of six months only. This termination order is Annexure-7 to the writ petition No. 2070 of 1993. The petitioner Srimati Salma Noor moved the amendment application for incorporating the subsequent events and for modification of the prayers. This application for amendment has been allowed, and the petition stands amended and includes challenge to the second order of termination dated 21-4-1993.
(3.) Srimati Ela Kacker has not yet been appointed as Assistant Teacher (Nursery) and no steps have so far been taken for her medical examination or for anything else in connection with her appointment to the post which has since fallen vacant due to second termination order dated 21-4-1993.;