- (1.) In all the special appeals, order impugned is a common judgment and order dated 13.2.2019, whereby the learned Single Judge has dismissed the writ petitions filed by appellants herein.
(2.) Challenge before the learned single Judge were orders even dated 19.9.2018 passed by Principal Secretary of Medical Department of State of Uttar Pradesh, whereby the appellants who were working as Doctors in different Medical Colleges of the State were transferred to four newly established Medical Colleges at District-Saharanpur, Banda, Azamgarh and Jalaun of State of Uttar Pradesh.
(3.) In all the said transfer orders, administrative exigency was to abide by the undertaking given on behalf of State of Uttar Pradesh before the Hon'ble Supreme Court to rectify remaining deficiencies pointed out by Medical Council of India (MCI) in regard to these newly established Colleges, which also includes deficiency of Doctors at Colleges to ensure that academic session of MBBS for the year 2018-19 shall commence. Relevant part of the order dated 18.6.2018 passed by Hon'ble Supreme Court in Writ Petition (Civil) No. 643 of 2018 is mentioned herein after. "An affidavit of undertaking has been filed by both the Chief Secretary of the State of U.P. and the Principal Secretary, Department of Medical Education, Government of Uttar Pradesh before this Court, stating that a comprehensive report has been prepared regarding the deficiencies which have been pointed out by the MCI, and the date and time within which the same would be rectified. The Principal Secretary, Department of Medical Education, Government of Uttar Pradesh and the State Government are committed to take the measures and steps to rectify the remaining deficiencies as soon as possible. We hereby direct that in view of the undertakings submitted by the Principal Secretary of each of the three States, permission is granted to the aforesaid Government Medical Colleges for admission to the MBBS course for the current academic year 2018-19. The seats in the aforesaid Government Medical Colleges will be included in the seat matrix, for which counselling is scheduled to take place on 19th June, 2018.";