2025:UHC:9598 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SRI JUSTI CE MANOJ KUMAR TI W ARI W r it Pet it ion No. 3 0 0 4 of 2 0 2 5 ( MS) Poonam Yadav --Petitioner Ver su s All India Institute of Medical Sciences and Others -Respondents ---------------------------------------------------------------------- Advocates: Mr. Arvind Vashisth, Senior Advocate assisted by Ms. Devanshi Joshi, Advocate for the petitioner. Mr. Lalit Sharma, Deputy Solicitor General of India ---------------------------------------------------------------------- JUDGMENT 1. Petitioner was enrolled as a Research Scholar in Ph.D. Nursing Course in AIIMS, Rishikesh in the year 2018. Ph.D. Section, AIIMS vide email dated 30.03.2022, informed the petitioner that her resignation from Ph.D. course has been accepted. 2. Petitioner filed Writ Petition No. 1032 of 2024 (MS), challenging the communication made to her vide email dated 30.03.2022, by contending that she had never tendered resignation and it may be the handy work of her husband. The writ petition was disposed of vide order dated 09.05.2024 with liberty to petitioner to approach the competent authority in AIIMS, Rishikesh and the competent authority was directed to take decision within three weeks. 3. The Administrative Officer, AIIMS, Rishikesh has passed an order on 12.07.2024, whereby he has rejected the representation made pursuant to the order passed in WPMS No. 1032 of 2024. 4. Learned Senior Counsel appearing for the petitioner submits that the authority competent to take decision on petitioner’s representation is Director, AIIMS, therefore, 1 2025:UHC:9598 Administrative Officer could not have taken any decision in the matter. In support of his contention that order dated 12.07.2024 has been passed by Administrative Officer and not by the Director, AIIMS, Rishikesh, learned Senior Counsel has drawn attention of this Court to the unnumbered 3rd para, where following recital is made: “AND WHEREAS, undersigned has been instructed that following points are hereby worth considering in given context: ” 5. In the last sentence of the impugned order, there is a further recital that same is issued for and on behalf of the competent authority of AIIMS, Rishikesh, with his prior approval. 6. Having regard to the aforesaid stipulations made in the impugned order, this Court finds force in the contention made by learned Senior Counsel for the petitioner that impugned order is not passed by the competent authority, but by some ministerial employee, designated as Administrative Officer. 7. Mr. Lalit Sharma, Advocate appearing for AIIMS, Rishikesh submits that although the order is passed by Administrative Officer, but that is with the prior approval of the competent authority i.e. Director, AIIMS. 8. From the order of this Court, passed in earlier writ petition, it is apparent that the competent authority was directed to take decision. Mr. Lalit Sharma, Advocate concedes that authority competent for taking decision is Director, AIIMS, Rishikesh. Thus from the submission made on behalf of respondents also, it is revealed that the competent authority did not apply his mind to the representation made by petitioner although he was under 2 2025:UHC:9598 a duty to take decision in the matter after considering the representation. Mere grant of approval by the competent authority to the order passed by Administrative Officer will not validate an otherwise invalid order. 9. For the aforesaid reasons, the writ petition is allowed. Impugned order is set aside. The Director, AIIMS is directed to consider and decide petitioner’s representation as per law within three weeks, uninfluenced by the determination made in the order dated 12.07.2024, impugned in this writ petition. ______________________________ MANOJ KUMAR TI W ARI , J. Dt: 30.10.2025 Mahinder 3 MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18 b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC 9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.30 19:48:26 +05'30'