V.K.Shukla - (1.) -In the district of Etawah, there is an institute known as U. P. Rural Institute of Medical Sciences and Research, Saifai, Etawah. Earlier it was known as Multi Speciality Medical Institute, Saifai, Etawah. It was a Satelite Centre of Sanjay Gandhi Post Graduate Institute of Medical Sciences, under Section 3 of Sanjay Gandhi Post Graduate Institute of Medical Sciences Act, 1983 (U. P. Act No. 30 of 1983). On 9.1.2005, the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, issued an advertisement inviting applications for several categories of paramedical and other staff for appointment at Multi Speciality Medical Institute, Saifai, Etawah. Petitioner Nos. 1 and 2 pursuant to the aforementioned advertisement applied for the post of Nurse (Male). They appeared in written examination and were selected. Appointment letters were issued on 31.5.2005 by the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, and they joined on 4.6.2005. Again an advertisement was issued by the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow on 10/16.9.2005. Petitioner Nos. 3, 4 and 5 applied for consideration of their candidature. They undertook written examination and were selected. On the basis of their names in the select list, petitioner No. 3 was issued appointment letter on 14.12.2006, petitioner No. 4 on 11.3.2006 and petitioner No. 5 was issued appointment letter on 11.3.2006/ 4.4.2006. In between U. P. Rural Institute of Medical Sciences and Research, Saifai, district Etawah, Act, 2005 (U. P. Act No. 27 of 2005) which provided for establishment of U. P. Rural Institute of Medical Sciences and Research, Saifai, district Etawah, was enforced, and the said Institute was to be body corporate and was to be affiliated with a University, in accordance with the provisions of the U. P. State Universities Act, 1973. On 18.7.2006, an incident is alleged to have taken place in the institute, in which Pankaj Kumar Gupta, petitioner No. 3 was assaulted by Dr. Ashish Katiyar and Dr. Mangal Singh, both junior resident officers, alongwith some other junior resident officers. In this regard complaint was made to the Director of the Institute on 18.7.2006 itself. As no action was being taken, petitioner No. 3 alongwith other Nursing staff went to Medical Superintendent in order to apprise him of the aforesaid incident. At that point of time, the junior doctors again assaulted the paramedical staff. Inquiry Committee headed by Dr. J. N. Puri as Chairman, was constituted on 20.7.2006 to make inquiry. Enquiry committee was to inquire into reasons of dispute which had arisen between the junior doctors and the Male Nursing staff. Various queries were put up, which were replied, and thereafter order dated 21.7.2006, has been passed dispensing with the services of the petitioners in terms of condition No. 3 of the appointment letter, saying that their services were no longer required. At this juncture present writ petition has been filed.
(2.) COUNTER-affidavit has been filed by Dr. Mukesh Yadav, contending therein that after 15.12.2005 institute became an independent institution and is affiliated to C.S.J.M. University, Kanpur. It has been contended that petitioners had been offered appointment with prescribed conditions, and their services could be dispensed with by one month's notice. Description of incident, which had taken place, has also been mentioned. After the report of the Inquiry Officer, action has been taken in the interest of the institution. It has also been contended that not only the petitioners, but the junior doctors, who participated in the incident have also been asked to go out of the institution, as each one of them was on probation. It has been contended that appointments have been dispensed with strictly as per terms and conditions of the appointment, as such no interference be made. Rejoinder-affidavit has been filed, and it has been contended that Section 3 (3) of U. P. Act No. 27 of 2005 provides that institution in question would function as a College affiliated to a University, in accordance with the provisions as contained under U. P. State Universities Act, 1973, the college in question falls within the territorial jurisdiction of C.S.J.M. University, Kanpur, and thus, the provisions of the U. P. State Universities Act, 1973, are applicable to the institution in question, and various provisions confer statutory protection to the non-teaching staff under the First Statute, which is fully applicable to the petitioners, and as per the same, no action can be taken against class III employees until and unless it is reported to the District Inspector of Schools and the action, if any, is ineffective till it is approved by the District Inspector of Schools. In this background, as no approval has been accorded by the District Inspector of Schools, the order dispensing with the services of the petitioners is inoperative and ineffective as per Statute No. 21.02 of the First Statute of the University. It has also been contended that the order which has been passed is stigmatic in nature, and further dispensation of service of Doctors cannot be equated with that of the petitioners, who were offered appointment after undergoing regular process of selection. It?has been also contended that the provisions of the U. P. Government Temporary Employees (Termination of Service) Rules, 1975, are not applicable, and further it has been contended that punitive action has been taken in most unfair manner. After pleadings mentioned above have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties. Original record of enquiry has also been produced.
(3.) SRI Ashok Khare, senior advocate, appearing for petitioners, has assailed the impugned orders on the following grounds : (i) in the present case incident dated 18.7.2006, formed foundation and basis for taking punitive action, as the said incident had formed foundation and basis, services of petitioners could not have been dispensed with without undertaking formal departmental inquiry in the matter, as such impugned orders being stigmatic in nature are liable to be set aside. (ii) College in question being affiliated to a University, in terms of Section 37 (2) of the U. P. State Universities Act, 1973, as such the First Statute of Kanpur University are also applicable to the institution in question, and same confer various statutory protection to the non-teaching staff, and same are also applicable to the petitioners, and no approval has been taken from the District Inspectors of Schools, the impugned orders are of no consequence. Sri C. B. Yadav, learned chief standing counsel, countered the said submission by contending that in the present case services of petitioners were temporary and they were on probation, and their services have been dispensed with in consonance with the terms and conditions of the appointment order. The impugned orders are not stigmatic in nature, as such no inquiry was required, and as far as approval by the District Inspector of Schools is concerned, the same was also not at all required for the simple reason that the institution in question is maintained by the State Government, and further U. P. Act No. 27 of 2005 is special Act and shall prevail over general Act, as such writ petition is liable to be dismissed.;