A.P. Misra, J. - (1.) By means of the present writ petition the Petitioner has sought for quashing the order dated 27-8-1993 and the order dated 28-8-1993 passed by the Respondent No. 1, namely Principal, S.N. Medical College, Agra (Annexure No. 5 and Annexure No. 7) respectively. By Annexure No. 5, the Petitioner was relieved from the responsibilities of the Head of the Department of Pediatrics and the administrative control of the Department was directed to be under the Principal of the said College. By Annexure No. 7, Dr. P.P. Mathur, Associate Professor of Paediatrics was delegated the powers to act as Head of the Department of Paediatrics. The Petitioner has challenged these orders as being violative of principle of natural justice as the same was passed without giving any opportunity and secondly no one except the Petitioner could be Head of the Department of Paediatrics even under the relevant Act and Statute.
(2.) The Petitioners case is that she is a doctor, appointed initially as Lecturer in the year 1967, later on promoted as Reader and finally as Professor in the Department of Paediatrics in the said medical College. In that department there are only six doctors and the Petitioner is the only professor and others are either Associate Professor (Readers) or Assistant Professor (Lecturer). In the said Department one Dr. R.S. Dayal was the Head of the Department, who retired in the year 1983. After his retirement, Dr. Ramesh Prasad being the senior most in the Department became Head of the Department, who also retired on 31-3-1992. After his retirement, the Petitioner being the senior most professor in the Department of Paediatrics became Head of the Department. Accordingly ,she took over charge of the Department of Paediatrics. However, the said charge was taken over in the physical absence of Dr. Ramesh Prasad. The said Medical College, namely S.N. Medical College, Agra, is affiliated to University of Agra and is in the list of colleges affiliated to the University of Agra as on the date of publication of the 1st Statute of Agra University, which is referred in Appendix 'E' of the Statute No. 12.01. Statute No. 2.20 of the Statute of University of Agra deals with 'Head of the Department.
(3.) The Petitioner claims by virtue of being senior most professor in the Department took over the charge as the Head of the Department of Paediatrics on 31-3-1992.;