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2025 DAILYLAW 164813 (ALL)

DR. MUKESH YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. MEDICAL EDUCATION LKO. AND 3 OTHERS

WRIA/10774/2025 · 2025-09-15

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10774 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no. 1 to 3 and Mr. Syed Mohammad Haider Rizvi, learned counsel for opposite party no.4 whose power filed today is taken on record. 2. Petition has been filed seeking following prayers:- "(i)) Issue a writ, order or direction in the nature of MANDAMUS commanding the State Government to consider the petitioner for promotion on the post of Director General, Medical Education in terms of the provisions of Rule-05 of the Uttar Pradesh Medical Education Service Rules-1990 as amended from time to time. (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties not to post any IAS Officer on deputation on the post of Director Education, Medical Education without considering the case of the substantively appointed Principals of State Medical Colleges for promotion on the post of Director General, Medical Education in terms of the provisions of Rule-05 of the Uttar Pradesh Medical Education Service Rules-1990 as amended from time to time. (iii) Issue a writ, order or direction in the nature of MANDAMUS commanding the State Government to appoint the substantively appointed Principal, State Medical College on the post of Director General, Medical Education in terms of the provisions of Rule-05 of the Uttar Pradesh Medical Education Service Rules-1990 as amended from time to time.." 3. At the very outset, learned counsel for petitioner on the basis of instructions submits that since an appointment has already been made on the said post, which could not be challenged, he seeks to withdraw this petition Versus Counsel for Petitioner(s) : Mohd. Mansoor, Devendra Upadhyay, Mohammad Danish Counsel for Respondent(s) : C.S.C. Dr. Mukesh Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Medical Education Lko. And 3 Others .....Respondent(s) with liberty to file afresh in order to effect challenge to same. 4. In view of aforeasid submission, the petition is dismissed as withdrawn granting liberty to file afresh. September 15, 2025 Satish WRIA No. 10774 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench