Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3347 (ALL)

Bhupendra Harjani v. State of U. P.

2015-10-27

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

body2015
JUDGMENT Dr. Bhupendra Harjani, petitioner is before this Court with a request to issue a writ in the nature of mandamus for ensuring joining of the petitioner as Associate Professor, Dentistry in S.N. Medical College, Agra based on his name being there in the select list. 2. From the record in question, it is reflected that by oral directives of Director General of Medical Education and Training, U.P. Lucknow the educational testimonial of petitioner has been transmitted to Medical Council of India, New Delhi for clarification on 22.09.2015. This much is not clear from the pleadings that has been set out by petitioner, as to whether any clarification has been received from the Medical Council of India or not. 3. Law on the subject is clear that mere selection does not confer any indefeasible right to an incumbent and on oral directives of Director General, Medical Education and Training, U.P. Lucknow in respect of eligibility criteria of the petitioner clarification proceeding is once on as papers in question have been transmitted to Medical Council of India, New Delhi then petitioner ought to have awaited the outcome of the same in stead of rushing to this Court. 4. Consequently, at this stage we cannot proceed to issue any direction for ensuring appointment to the petitioner but we make it clear that moment requisite clarification is received from Medical Council of India, New Delhi then based on the said clarification so received further consequential action be taken preferably within next one month thereafter. With the above direction present writ petition is disposed of.