DR. RASHMI PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL EDU. U.P. LKO. AND 3 OTHERS
WRIA/12290/2025 · 2025-10-28
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197607 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197607 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12290 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Gyanendra Kumar Srivastava,
learned counsel for respondent no. 2, Mr. Sahars, learned Additional Chief Standing Counsel for the State and perused the record. Notice to the respondent no. 4 is hereby dispensed with. Instant petition has been filed with the following reliefs:-
"i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned the order/letter dated 08.04.2024 issued by the opposite party no. 2 as contained in Annexure No. 1 to the writ petition. ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned order dated 08.04.2024 issued by the opposite party no. 2 as contained in Annexure No. 1 to the writ petition. iii. to issue an appropriate writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to restore /recall the eligibility order of the petitioner dated 12.08.2022 for appointment on the post of Assistant Professor in department of Biochemistry in the Medical Colleges of India. iv. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider and appoint the petitioner on the post of Assistant Professor in the department of Biochemistry in Medical College, Kanpur as per her education qualifications. V. Issue any other suitable order or direction, which this Hon'ble court may deem, fit and proper under the facts and circumstances of the case, may also be passed in Versus Counsel for Petitioner(s) : Ajay Kumar, Ritesh Ranjan Chaubey Counsel for Respondent(s) : C.S.C., Gyanendra Kumar Srivastava Dr. Rashmi Pandey .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical Edu. U.P. Lko. And 3 Others .....Respondent(s)
favour of the petitioner. vi. Allow the writ petition with cost." The contention of learned counsel for the petitioner is that even after the letter dated 08.04.2024 written by the Deputy Secretary, Post Graduate Medical Education Board, the confirmation of eligibility for the post of Assistant Professor is not being done. He submitted that the provision prescribed under Regulation 6 of the Teachers Eligibility Qualification in Medical Institution Regulation, 2022, accrues right in favour of the petitioner. After the aforesaid arguments, he submits that the petitioner has presented before the respondent no. 2 vide letter dated 04.08.2025, the same is still pending consideration.
He submits that the respondent no.2 may be directed to consider & decide the claim in accordance with the Regulation 2022, within stipulated period of time as may be fixed by this Court.
Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the respondent no. 2/Secretary, National Medical Commission is directed to consider and decide the claim of the petitioner, within a period of two months, in accordance with law, from the date, a certified copy of this order is produced before them. With the aforesaid observations, the instant petition is disposed of. It is open for the petitioner that if the earlier representation is untraceable, she is at liberty to move a fresh representation before the respondent no. 2. October 28, 2025 Mayank WRIA No. 12290 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench