ANOOP GUPTA Vs. STATE OF U.P.THRU PRIN.SECY.TO GOVT.DEPTT.MEDICAL EDU.
LAWS(ALL)-2016-4-148
HIGH COURT OF ALLAHABAD
Decided on April 20,2016

Anoop Gupta Appellant
VERSUS
State Of U.P.Thru Prin.Secy.To Govt.Deptt.Medical Edu. Respondents

JUDGEMENT

RAJAN ROY,J. - (1.) This petition has been filed purportedly by a journalist who states that he is the editor of a monthly Hindi journal published from Lucknow. The subject matter of the petition is the organization of work at the Sanjay Gandhi Post Graduate Institute of Medical Sciences SGPGI.
(2.) According to the petitioner a mandamus should be issued by this Court for withdrawing all office orders whereby non -clinical and non -teaching work has been assigned to clinician -faculty members of the institute. A mandamus is also sought for filling up all administrative and non -administrative posts which are vacant, whether advertised or not with utmost expedition. Finally, a direction is sought to the effect that faculty members should be deployed in administrative work only under exceptional circumstances.
(3.) The basis of the petition lies in the provisions of the Sanjay Gandhi Post -Graduate Institute of Medical Sciences Act, 1983 Act, of which, Section 33 mandates that the directions which are issued by the State Government for the efficient administration of the affairs of the institute under the Act shall be carried out by the institute. On 29 August 2005, a Government Order was issued by the Principal Secretary to the Director of the institute stating that the involvement of faculty in administrative work should be eschewed since it detracts from their availability for the discharge of their duties as doctors.;


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