T.S.Misra, J. - (1.) Dr. (Smt) Shyamo Devi Khanna filed writ petition No. 631 of 1974 against the State of U.P. and others claiming, inter alia, that by a writ or order in the nature of quo warranto the opposite party, No. 3 namely Dr. A.C. Saxena be commanded to show the authority under which he is holding the post of Principal as well as Deputy Director (Homeopathy). Writs in the nature of mandamus and prohibition were also claimed by her. Writ Petition No. 3091 of 1975 was filed by Dr, Prahlad Kumar against the State of U.P. and others claiming that a writ of quo warranto be issued directing respondent No. 3 Dr. A.C. Saxena to show by what authority he is holding the office of Deputy Director (Homeopathy) U.P. Lucknow. Other writs in the nature of mandamus and certiorari were also claimed by him. These two writ petitions were decided by a learned single Judge of this Court by a common judgment dated 8-4-1976 whereby the writ petitions were allowed. The opposite party Dr. A.C. Saxena was ousted from the office of Deputy Director (Homeopathy) and from the office of Principal, National Homeo pathic College, Lucknow and these offices were declared vacant. Dr. G. S. Chaudhry and Dr. J. Chandra were also ousted from their offices and the posts of professors were declared vacant. These four Special Appeals 18 of 1976, 19 of 1976, 22 of 1976 and 23 of 1976 are directed against that decision of the learned single Judge. Special Appeal No. 18 of 1976 has been filed by Dr. A.C. Saxena and others against Dr. Prahl ad Kumar and others, whereas Special Appeal No. 22 of 1976 has been filed by the State of U.P. and Director Medical and Health Services, U.P. Lucknow against Dr. Prahlad Kumar and others. Both these special appeals arise out of Writ Petition No. 3091 of 1975. Dr. A.C. Saxena has filed Special Appeal No. 19 of 1976 against Dr. (Smt.) Shyamo Devi Khanna and others. Similarly the State of U.P. and two others have filed Special Appeal No. 23 of 1976 against Dr. (Smt.) Shyamo Devi Khanna and others. Both these two Special Appeals arise out of Writ Petition No. 631 of 1974. Since in all these special appeals common question of law and facts arise they are being disposed of by a common judgment.
(2.) The matter relates to the appointment of Dr. A.C. Saxena as Deputy Director (Homeopathy) as also to his holding the charge of the post of Principal, National Homoeopathic College, Lucknow. On 3-1-1972 an advertisement was published in the news paper inviting applications from citizens of India for one temporary post of Deputy Director (Homeopathy) at Swasthya Sewa Nideshalaya, U.P. Lucknow. A Selection Committee was appointed by the Government to select suitable candidates for the said posts. The Selection Committee considered the applications of the applicants and recommended three candidates in order of merit. namely, Dr. J.C. Sharma, Dr. A.C. Saxena and Dr. M.S. Pramnik. A copy of the recommendation of the Selection Committee is Annexure 10 to Writ Petition No. 3091 of 1975. The Selection Committee made its observations with regard to the said three candidates and sent its recommendation along with the applications of ten candidates as well as the comparative chart to the Government. Thereafter the Government of U.P. appointed Dr. A.C. Saxena on the temporary post of Deputy Director (Homeopathy) on ad hoc basis up to 28-2-1973 or till a suitable candidate as recommended by the Public Service Commission was available, whichever was earlier. A copy of the order of appointment is Annexure 11 to the said writ petition. It was also mentioned in that order that the post was sanctioned till 28-2-1973 and the appointment was liable to be terminated by either party by giving a notice of one month. Dr. A.C. Saxena took over charge on ad hoc basis as Deputy Director (Homeopathy) on 26-6-72 till a regular appointment was made. It seems that the post was continued from year to year after the expiry of 28-2-1973 and Dr. A.C. Saxena still holds that post on ad hoc basis.
(3.) On 2-8-1975 an advertisement was published in the National Herald inviting applications for the post of Denuty Director of Homeopathic Medicines but no appointment has so far been made on a permanent basis.;