V.K.SHUKLA,J. - (1.) DR . Anand Pandey has approached this Court for following relief. " (i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.10.2012 passed by respondent no. 2 upholding the appointment of Respondent no. 5 on the post of Assistant Professor (Pediatric Surgery) in Respondent No. 1 University, a copy whereof is annexed as Annexure No. 1 to the instant Writ Petition. (ii) To issue a writ, order or direction in the nature of certiorari quashing the impugned appointment order dated 4.5.2012 issued by Respondent no. 1 appointing Respondent No. 5 on the post of Assistant Professor (Pediatric Surgery) in Respondent no. 1 University, a copy whereof is annexed as Annexure No. 2 to the instant Writ Petition. (iii) To issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 1 to 3 to consider the candidature of the petitioner for appointment at the post of Assistant Professor (Pediatric Surgery) with Respondent No. 1 University as per advertisement dated 1.9.2010. (iv) To issue such other writ, order or direction as the Hon'ble court may deem fit and proper may be issued so as to protect the right and interest of the petitioner."
(2.) BRIEF background of the case, as has been narrated in the writ petition is that the petitioner is pediatric surgeon, who completed his M.B.B.S in the year 2000 and thereafter completed his M.S (surgery) from King George's Medical College, Lucknow (now Respondent No. 1 University) in the year 2005. The petitioner completed his super specialization course in M.Ch. (Pediatric Surgery) from Institute of Medical Sciences, Banaras Hindu University in the year 2008. Petitioner has stated that at the relevant time in the year 2009, the sanctioned cadre strength of department of Pediatric Surgery of Respondent No. 1 University was of four consultants, and therefore, one post was vacant, and the table below sets out clearly the names of person holding the post the cadre structure and applicable reservations if any, at the said point of time and same has been as follows: - Serial Name Category No. 1. Dr. Shiv Narain Kureel Reserved 2. Dr. Ashish Wakhlu General 3. Dr. Jiledar Rawat Reserved 4. - - - - - -Vacant - - - -
(3.) PETITIONER has stated that on 03.07.2009 an advertisement No. 17/B -2009 was issued by Respondent No. 1 University, where under at serial No. 14 of the advertisement applications were invited for one (1) post of Assistant Professor in the Department of Pediatric Surgery but the post in question was reserved for Other Backward Caste category, and if the said reservation was to be given effect to the said reservation would have exceeded 50% restriction. In view of the aforesaid facts, the aforesaid Advertisement dated 03.07.2009 bearing No. 17/B -2009 was challenged by one Dr. Ramanuj Kumar before this Court by means of writ petition no. 1246 (S/B) of 2009 (Dr. Ramanuj Kumar Vs. Chhatrapati Sahuji Maharaj Medical University and another) and in the aforesaid writ petition this Court has proceeded to pass an order on 02.09.2009 whereby the operation and implementation of the aforesaid Advertisement impugned therein dated 03.07.2009 was stayed and latter on the said Advertisement was cancelled by Respondent No. 1 on 31.08.2010. Thereafter another fresh advertisement was published being Advertisement No. 25/B - 2010 for the post of Assistant Professor which was unreserved. The aforesaid Advertisement was published on 01.09.2010, which contained number of vacancies of the departments including the post of Assistant Professor (Pediatric Surgery) at Serial No. 23. Pursuant to the aforesaid Advertisement dated 01.09.2010, the petitioner who possessed requisite qualification applied for the said vacancy for consideration of his candidature in the prescribed format. Besides the petitioner, various other candidate also applied for the said posts. The last date for submission of applications pursuant to the Advertisement dated 01.09.2010 was 30.09.2010. In the Department of Pediatric surgery, in spite of publication of advertisement for one post of Assistant Professor that was unreserved no interviews were taking place and when the petitioner contacted the office of University, the petitioner came to know that the interviews were not taking place for the unreserved post of Assistant Professor in Department of Pediatric Surgery on account of an order dated 26.11.2010, issued by the Joint Secretary of U.P. State, whereby certain information in respect of the faculty presently working in the department was sought. It was provided in the said order that till the final decision by State Government in the matter the process for filling up the vacancy is cleared, selection in Pediatric Surgery Department shall be kept in abeyance.;