- (1.) Krishan Kumar Sharma and two other petitioners have filed this writ petition under Art. 226 of the Constitution for issuing a writ of quo warranto and have obtained rule nisi from this Court calling upon Shri Amar Nath Shastri respondent No. 2 to show cause as to how he is competent and what authority he has to hold the post of Director of Ayurveda Punjab.
(2.) Shri Amar Nath Shastri, respondent No. 2, who was the Principal of Government Ayurvedic College, Patiala (previously known as Ayurvedic Vibhag Vidyalaya) was promoted against the post of Deputy Director of Ayurveda, Punjab, on ad hoc basis vide orders dated April 3, 1973. His services, however, were regularised by the Punjab Government in consultation with the Punjab Public Service Commission, on June 27, 1978. This appointment of respondent No. 2 as Deputy Director was challenged by one Shri S. D. Kohli, Assistant Director of Ayurveda. Punjab, through C. W. P. No. 1343 of 1973 inter alia on the ground that respondent No. 2 was not eligible for appointment to the post of Deputy Director because he did not possess the degree in Ayurvedic Medicine from an institution or University recognised by the Punjab Government. This writ petition was dismissed bv a learned single Judge of this Court on May 26, 1978.
(3.) Shri S. D. Kohli filed L. P. A. No, 295 of 1978.: Satya Dev Kohli V/s. State of Punjab,1982 1 SLR 393 against this decision. This appeal was pending when the post of Director of Ayurveda, Punjab fell vacant. Apprehending that Shri Shastri respondent No. 2 shall be appointed to this post, the petitioners filed the present writ petition seeking a direction that the State of Punjab be restrained from appointing respondent No. 2 to the post of Director. During the pendency of this writ petition, respondent No. 2 was actually appointed as Director Ayurveda, Punjab, vide orders dated May 26, 1980. The petitioners, therefore, suitably amended the writ petition, modified their claim and asked for a writ of quo warranto against respondent No. 2.;