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Dr. Alka Khanna Wife of Dr. Sanjay Khanna v. State of Rajasthan

Rajasthan HC2 Feb 2021CW/116/2021

Case brief

AI extract

What is this about?

The High Court set aside the order cancelling the petitioner's appointment as Assistant Professor, holding that principles of natural justice were violated. It directed reinstatement and the formation of an enquiry board to examine her qualifications.

What did the court decide?

Impugned order set aside; petitioner to be reinstated; respondents to form an enquiry board to examine qualifications.

Dr. Alka Khanna Wife of Dr. Sanjay Khanna… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 116/2021

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Dr. Alka Khanna Wife Of Dr. Sanjay Khanna, Aged About 53 Years, Resident Of R.b.m. Hospital, 28, Fathepur Road, Anand Nagar, Sikar-332001.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Director, Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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Rajasthan Medical Education Socieity, Through The Convener, Govind Marg, Janta Colony, Medical Education Building, Jaipur.

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Principal, Shri Kalyan Medical College, Sikar.

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----Respondents

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For Petitioner(s) : Mr. Abhishek Pareek For Respondent(s) : Mr. Harshal Tholia for Dr. Vibhuti Bhushan Sharma, AAG

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/02/2021

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Petitioner was selected and appointed as Assistant Professor (Gynae. & Obs.) vide order dated 06.08.2020 and had joined in the Medical College, Sikar vide order dated 13.08.2020 respectively.

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The present petition has been preferred against the order dated 16.12.2020 whereby the petitioner’s appointment has been

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(2 of 3)

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[CW-116/2021]

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cancelled on the ground that she does not possess the requisite qualifications for being appointed as Assistant Professor.

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Learned counsel for the petitioner submits that the petitioner possesses the requisite qualifications for the post, however, she was not given opportunity upto her statements relating to her qualification and fair opportunity ought to have been provided to her. The order is not in consonance with principle of natural justice.

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Per contra, learned counsel for the respondents submitted that a show cause notice was issued, however, on a specific affidavit being asked with regard to service of notice, no positive answer has been received.

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Learned counsel for the petitioner in rejoinder has placed certificate to show that the petitioner has put up experience in St. Stephens Hospital, Delhi and Santokbha Durlabh Ji Memorial Hospital, Jaipur.

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Whether the experience would be counted for the purpose of qualification as laid down by the Medical Council of India, is subject matter which is in exclusive domain of the authority. However, this Court is satisfied that principles of natural justice have not been followed while passing the impugned order dated 16.12.2020, appointment of any person can be canceled after giving fair opportunity and after following the principle of audi alterm partem as civil consequences arise on cancellation of appointment.

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In view thereof, the order dated 16.12.2020 is set aside. The petitioner shall be reinstated in service. The order of reliving dated 18.12.2020 is also set aside and the petitioner shall be reinstated in service.

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(3 of 3)

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[CW-116/2021]

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However, the respondents shall form an Enquiry Board consisting of one Member for National Medical Council Board to examine the qualifications of the petitioner for the post of Assistant Professor (Gyane.). The respondents shall thereafter be free to proceed as per the said report of the expert team.

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The writ petition as well as the stay application is allowed in the aforesaid terms.

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(SANJEEV PRAKASH SHARMA),J

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Arun/67

Dr. Alka Khanna Wife of Dr. Sanjay Khanna v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Alka Khanna Wife of Dr. Sanjay Khanna v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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