- (1.) DR . Surya Bhanu, petitioner is before this Court with a request to quash the order dated 30.10.2014 passed by Special Secretary, Government of U.P. Lucknow as well as the order dated 12.03.2014 passed by Director General, Medical & Health Service, U.P. Lucknow and further prayer has been made for issuance of writ in the nature of mandamus commanding the respondents to treat the candidature of the petitioner in order for Post Graduate Diploma courses against the 01 seat of D.A. (Diploma of Anesthesia) for years 2014 -15 lying vacant under general category in Moti Lal Nehru Medical College, Allahabad and shall also be deemed to be eligible and qualified for the study for the Post Graduate Diploma Course of the D.A. (Diploma of Anesthesia) for years 2014 -15 in the Moti Lal Nehru Medical College, Allahabad.
(2.) BRIEF background of the case as is reflected that petitioner was selected as Medical Officer under Provincial Medical & Health Services vide order dated 24.11.2006 passed by Principal Secretary Medical Section -03 Government of U.P. Lucknow and petitioner claims that since then he has been performing and discharging duties as Medical Officer of NPHC. Petitioner submits that on 30.11.2012, applications were invited for study in the courses of the Post Graduate Diploma for 02 years in the short listed Medical Colleges for year 2013 -14 amongst the candidates of M.B.B.S. Degree holders under P.M.H.S. category having experience of more than 05 years compulsory government services and if services has been render in Rural area (Community Health Centre/Primary Health Centre). Petitioner claims that he has also applied for consideration of his candidature and his application was forwarded on 21.12.2012 and panel has been published wherein petitioner's candidature was not at all there. Petitioner further submits that seats were lying vacant under general category and has not at all been filled up and once again on - 3.12.2014 applications were invited for the year 2014 -15 and petitioner once again applied for consideration of his candidature and once again his candidature has been forwarded but thereafter as nothing was done, he filed Civil Misc. Writ Petition No. 10025 of 2014 (Dr. Surya Bhanu Vs. State of U.P. and others) before this Court and this Court has asked the Director General General Medical & Health Services U.P. Lucknow to take decision and thereafter decision has been taken and claim of the petitioner has been rejected.
(3.) NOW , petitioner has come up with case that he has applied for consideration of his candidature under general category for study of the course and seats meant for general category candidates were lying vacant in view of this, he was not opted to challenge the order dated 12.03.2014 passed by Director General General Medical & Health Services U.P. Lucknow within time on account of the fact that candidature of the petitioner was pending for consideration since 04.01.2014 in term of next notification dated 03.12.2013 issued by Director General General Medical & Health Services U.P. Lucknow for inviting application for the year 2014 -15. Petitioner further submits that once again nomination order has been issued and petitioner's candidature has not been considered. This much is also reflected that thereafter belated challenge has been made of the nomination order as well as the order passed by the Director General General Medical & Health Services U.P. Lucknow in the writ petition in question and this Court has proceeded to accord time to file counter affidavit and thereafter after pleadings inter se parties have been exchanged, this Court on 20.07.2015 and 29.07.2015 respectively has proceeded to pass following orders: Order dated 20.07.2015 Prima facie it appears that the Director General, Medical & Health Services, U.P. does not understand that the seats which are ear -marked for General Category are open to persons belonging to all category including General Category, Other Backward Classes and Scheduled Class Category. Prima facie because of little understanding of reservation by the Director General, we are faced with a petition wherein the order of the Director General is under challenge which records that since the petitioner belongs to Other Backward Classes, he cannot be considered for the seat which is for General Category. Let the Director General, Medical & Health Services, U.P. appear before this Court along with his personal affidavit on 29.07.2015 for explaining the order passed by his. He may annex all such Government Orders as may be applicable on the subject. List on 29.07.2015. Order dated 29.07.2015 Dr. Vijay Lakshmi, Director General, Medical & Health Services, Uttar Pradesh, Lucknow remain present in the Court on the next date. On her behalf a stand has been taken that since the petitioner is a member of Other Backward Class category which fact he had not mentioned in the form and claimed to be a member of General Category, therefore, he stands disqualified for the post which is for general category. We had already indicated in our order dated 20.07.2015 that the respondent authorities must understand the meaning of General Category, which in fact showed be termed as 'open category' meaning thereby, that it is open to all and sundry including member of Other Backward Class Category, Scheduled Caste Category, Scheduled Tribe category as well as persons belonging to General Category. It is in fact unreserved category. But why will State authorities understand such common principle. It has therefore, become necessary to ask the Chief Secretary of the State of Uttar Pradesh to file an affidavit categorically stating as to whether a person belonging to Other Backward Class category or for that purpose any other reserved category is not entitled to be included in the General Category, is he barred in any manner from claiming a seat which is earmarked for General Category. The affidavit shall be filed along with relevant Government Orders. If the answer is in negative then he must take action against the authority who has passed the order impugned. The affidavit shall be filed by 10.08.2015. Personal presence of the Director General is exempted. It is made clear that if the affidavit is not filed on the said date, the Chief Secretary shall remain present before this Court with relevant Government Orders. Put up this matter on 10.08.2015.";