Listed for filing of counter affidavit. Reserved one post of OT Assistant pending final outcome. Counsel for respondents granted three weeks to file counter affidavit.
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Court No. - 20
Case :- WRIT - A No. - 2953 of 2024
Petitioner :- Mridulika Asthana Respondent :- Sanjay Gandhi Post Graduate Institute Of Medical Sciences Lko. Thru. Its Director And 2 Others Counsel for Petitioner :- Vijay Kumar,Raj Kumar Singh Counsel for Respondent :- Shubham Tripathi
Hon'ble Shree Prakash Singh,J.
Heard Sri Raj Kumar Singh, learned counsel for the petitioner and Sri Shubham Tripathi, learned counsel appearing for the opposite parties no. 1 to 3.
Under challenge is the decision dated 12-03-2024, taken by the Joint Director(Admin), Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, on the representation of the petitioner dated 13-02-2024.
Contention of learned counsel for the petitioner is that the petitioner appeared in the recruitment test for the post of OT Assistant and passed out the written examination, thereafter, a list of the selected candidates was published and during course of examination of documents, it allegedly borne out that the Mandatory Internship could not be completed prior to the cut off date i.e. 01-012023. He added that there was no such terms and conditions provided in the advertisement for recruitment to the post of OT Assistant and the identically situated three candidates were given appointment on other posts in the institution, though they were not having the Mandatory Internship Completion Certificates uptill 01-012023, therefore, submission is that the decision, which was taken by the Joint Director(Admin) vide order dated 12-03-2024, is highly arbitrary and erroneous and thus, the same may be quashed.
On the other hand, Sri Shubham Tripathi, learned counsel appearing for the opposite parties no. 1 to 3 has refuted the aforesaid facts and submitted that so far as the eligibility criteria provided for recruitment for the post of OT Assistant is concerned, one year course of Mandatory Internship Completion Certificate, is required with
B.Sc Degree. He further added that so far as the appointment of other three candidates, is concerned, a meeting is held and the decision would be taken very soon. He further submits that the opposite parties may be given three weeks' time to file Counter Affidavit in this matter.
As prayed, three weeks' time is granted to the learned counsel for the opposite parties to file Counter Affidavit.
Rejoinder Affidavit, if any, may be filed within one week thereafter.
List/put up this matter in the Third Week of May,2024.
It is provided that one post of OT Assistant, shall be kept reserved till the final outcome of the writ petition.
It is open for the opposite parties to raise the preliminary objection, at a later stage.
Order Date :- 16.4.2024 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Mridulika Asthana
Sanjay Gandhi Post Graduate Institute Of Medical Sciences Lko. Thru. Its Director
2 Others
Shree Prakash Singh
As recorded by the court registry
5 orders share this CNR
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