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2002 DIGILAW 320 (PAT)

J. P. Arogya Sah Grammo Than Sansthan v. Director, I. G. I. M.

2002-03-07

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2002
Judgment 1. This petition has been filed as a Public Interest Litigation by an organisation which calls itself as J.P. Arogya Sah Grammothan Sansthan and one Sri Indu Bharti who calls himself as a General Secretary of the organisation. 2. The Court has heard learned counsel for the petitioner and perused the contents of the petition very carefully as also the pleadings which have been exchanged. At the out set the Court gets an impression that this is the petition merely vents the personal grievance of the petitioner, against one Dr. Uday Kumar, respondent no. 6, an Associate Professor, Bio Chemistry, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna. 3. The grievance apparently is as to how Dr. Uday Kumar, joined as Bio Chemist and ultimately became an Associate Professor, this cannot be the purpose of a Public Interest Litigation. 4. The issue in the petition is not that Dr. Uday Kumar had entered through the back door or had been appointed illegally and surrepetitiously. This was not so. Dr. Uday Kumar was appointed after responding to a public advertisement which had been issued by the Indira Gandhi Medical Institute of Medical Sciences, Sheikhpura, Patna. This was the advertisement dated 23.7.1988. It sought an appointment for Bio Chemist. Dr. Uday Kumar applied for a post of Bio Chemist and was selected as such. 5. Subsequently, the post of Bio Chemist was designated as Lecturer Bio Chemistry and later on as an Associate Professor. The contention that the designation ought to be on same pattern of All India Institute of Medical Sciences, New Delhi, is a point missed also because at the latter institute the same designation, the counter affidavit filed on behalf of the State mentions, exists. 6. This Public Interest Litigation is misconceived and an abuse of the process of the Court both. 7. Dismissed with costs.