Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
2025:UHC:1938-DB
WPSB No.129 of 2017 Hon'ble Manoj Kumar Tiwari, J Hon’ble Ashish Naithani, J.
None present for the petitioner.
2. Mr. S.K. Nainwal, learned Standing Counsel for the State of Uttarakhand.
3. Ms. Sukhwani Singh, learned counsel holding brief of Mr. Parikshit Saini, learned counsel for the respondent.
4. Petitioner successfully completed MD Pathology course from Government Medical College, Haldwani. In this writ petition filed in the year 2017, he has challenged a communication dated 28.11.2016 issued by Principal Government Medical College, Haldwani to Director, Medical Education. In the said letter, Principal has mentioned that position of Senior Resident (Pathology) is not vacant in the Medical College, therefore, petitioner cannot be engaged as Senior Resident (Pathology) in the concerned College.
5. Learned State Counsel submits that the writ petition has become infructuous, inasmuch as, the engagement as Senior Resident is only for a period of one year; petitioner was offered appointment as
Pathologist on contract in Combined Hospital, Tanakpur vide letter dated 24.12.2016, and he joined duties on the said post.
6. This Court finds substance in the submission made by the learned State Counsel. Since Principal had merely informed the Secretary, Medical Education that there is no vacancy available on the position of Senior Resident (Pathology) in Government Medical College, Haldwani, therefore, the challenge thrown to Principal letter is without any substance. Even otherwise also, petitioner accepted appointment as Pathologist on contract in Government Hospital, Tanakpur, therefore, cause of action also not survived.
7. Accordingly, writ petition is dismissed.
(Ashish Naithani, J) (Manoj Kumar Tiwari, J) 20.03.2025 NR/