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2026 DAILYLAW 4347 (ALL)

Aparajita Chaudhary v. State Of U. P.

2026-02-10

Anish Kumar Gupta

body2026
JUDGMENT : ANISH KUMAR GUPTA, J. 1. Since the controversy involved in both the petitions is similar in nature therefore both the petitions are being heard together. 2. Heard Sri Narendra Kumar Pandey, assisted by Sri Manish Kumar Kesarwani, learned counsel for the petitioner in Writ A No. 14985 of 2025 and Sri Rahul Agrawal, assisted by Sri Gaurav Singh, learned Standing Counsel for the State respondents in both the petitions and Sri G.K. Singh, learned Senior Counsel assisted by Sri G.K. Malviya and Sri Sankalp Narain, Advocates for the respondent no.6 in the Writ A No. 14985 of 2025 and for the petitioner in Writ A No. 9584 of 2025. Sri Narendra Kumar Pandey, has also argued for respondent no. 5 in Writ A No. 9584 of 2025. 3. The controversy involved in both the aforesaid petitions is with regard to the post / nomenclature of the Director to be given to whom in the Regional Institutes of Ophthalmology, Manohar Das Eye Hospital which is the Ophthalmology Department of Motilal Nehru Medical College, Prayagraj. Both the petitioners are claiming that they should be given the nomenclature as well as the power of Director-cum-Professor in the aforesaid institute. In view thereof, both the petitions are heard together and are being decided together. 4. It is undisputed in the instant case that Dr. Aparajita Chaudhary was working on the post of Professor from 04.08.2017 and Dr. Santosh Kumar was working as Professor from 07.08.2020. Dr. Aparajita Chaudhary had worked as Head of Department of Ophthalmology at Motilal Nehru Medical College, Prayagraj w.e.f. 24.03.2023 to 23.03.2025 and subsequent thereto Dr. Santosh Kumar is working as Professor and Head of Department of Ophthalmology of Motilal Nehru Medical College, Prayagraj from 24.3.2025. Previously, Manohar Das Eye Hospital was a separate hospital affiliated to Motilal Nehru Medical College, Allahabad and Motilal Nehru Medical College had its own Ophthalmology Department. 5. On 20.01.1976, the State Government had merged the Ophthalmology Department of Motilal Nehru Medical College, Allahabad as well as the Manohar Das Eye Hospital at Allahabad and a new nomenclature was given to it as Institute of Ophthalmology, Allahabad. However, the same continued to be a Department of Ophthalmology of Motilal Nehru Medical College for all practical purposes. 5. On 20.01.1976, the State Government had merged the Ophthalmology Department of Motilal Nehru Medical College, Allahabad as well as the Manohar Das Eye Hospital at Allahabad and a new nomenclature was given to it as Institute of Ophthalmology, Allahabad. However, the same continued to be a Department of Ophthalmology of Motilal Nehru Medical College for all practical purposes. Subsequently on 26.07.1976, the State Government notified that the Head of Department and Professor of the Ophthalmology Department of Motilal Nehru Medical College, Allahabad and affiliated eye hospital shall be designated as Director- cum-Professor of the Institute of Ophthalmology, Allahabad with the condition that no special pay or allowances shall be payable to him. By virtue of the aforesaid Government Order dated 26.07.1976, the Head of Department and Professor of the Ophthalmology Department continued to be nominated as Director-cum-Professor of the Institute of Ophthalmology, Allahabad. Subsequent thereto vide Government Order dated 05.04.2006, the status of Manohar Das Eye Hospital, Allahabad was upgraded and it was recognized as Regional Eye Institute. However, it was clarified that no additional grant shall be payable to the Regional Eye Institute, Manohar Das Eye Hospital, Allahabad. In the said Government Order dated 05.04.2006, it was further provided that the Senior Professor of the said Regional Eye Institute shall be given nomenclature of Professor-cum-Director of the Institute, however no additional pay or allowances shall be payable to him. 6. Subsequently, pursuant to the directions issued in Writ-A No. 2926 of 2020 (Dr. Pradeep Kumar Maheshwari vs. State of U.P. and 3 others) vide order dated 05.03.2020 that any decision taken by the State of U.P. regarding Head of Department of the medical colleges shall be binding in all the medical colleges of the State of Uttar Pradesh. The government has passed the Government Order dated 24.03.2021 with regard to the appointment of Head of Departments in the government medical colleges. Clause-4 of the aforesaid Government Order provides that in each of the department the Medical Professor who was selected / appointed through the Public Service Commission and was having the qualification of post graduation in the same specialization shall be appointed as the Head of Department. It further provides that due to non-availability of the senior most Professor, the Associate Professor shall be appointed as Head of Department and in case of non-availability of the Associate Professor, the Assistant Professor shall be appointed as Head of Department. It further provides that due to non-availability of the senior most Professor, the Associate Professor shall be appointed as Head of Department and in case of non-availability of the Associate Professor, the Assistant Professor shall be appointed as Head of Department. It further provided that the charge of Head of Department shall be given on the rotation of two years to the senior most Professor and, if in any department, if only one Professor is there, then he shall continue on the post of Head of Department till other Professors are available in the department. Thus, by the aforesaid Government Order, the post of head of various departments of medical colleges was to be fulfilled on rotation basis from amongst the senior most Professors. Thus, on completion of two years period as Head of Department by Dr. Aparajita Chaudhary on 24.03.2025, the Principal of Motilal Nehru Medical College has directed Dr. Aparajita Chaudhary to hand over the charge of Head of Department to Dr. Santosh Kumar. Thereafter, on 04.04.2025, the Principal of Motilal Nehru Medical College has given the charge of Director-cum- Professor to Dr. Santosh Kumar as he was the Head of Department of the Institute appointed on the rotation basis. Being aggrieved by the appointment of Dr. Santosh Kumar, who was the Professor and Head of Department of the Institute as Director- cum-Professor of the Institute vide order dated 04.04.2025, Dr. Aparajita Chaudhary has filed Writ-A No. 6352 of 2025. However, no interim orders were passed in the said writ petition. 7. Simultaneously, being aggrieved by the aforementioned order dated 04.04.2025, Dr. Aparajita Chaudhary had made a representation dated 09.04.2025 to the Principal, Motilal Nehru Medical College claiming that only the senior most professor of the institute can be given the nomenclature of the Director-cum-Professor of the Institute. Therefore, she claimed that she, being the senior most Professor of the Institute, be given the nomenclature of Director-cum-Professor of the Institute. In her representation, she has also claimed that though she was appointed as the Head of Department on 03.03.2023, however, since Dr. S.P. Singh was the senior most Professor of the Institute, had continued as Director-cum-Professor of the Institute till he retired on 31.03.2024 and only thereafter she was handed over the charge of Director-cum-Professor of the Institute on 01.04.2024. The similar representation has also been made by Dr. S.P. Singh was the senior most Professor of the Institute, had continued as Director-cum-Professor of the Institute till he retired on 31.03.2024 and only thereafter she was handed over the charge of Director-cum-Professor of the Institute on 01.04.2024. The similar representation has also been made by Dr. Aparajita Chaudhary to Chief Secretary Medical Education and Health Department, U.P. On receipt of the representation made by Dr. Aparajita Chaudhary, the Principal, Motilal Nehru Medical College sought a clarification in this regard from the Director General of Medical Education and Training, Uttar Pradesh vide its letter dated 28.04.2025. Vide letter dated 07.05.2025, the Director General, Medical Education and Training, Uttar Pradesh has clarified that only the senior Professor of the Institute should be given the nomenclature of the Director-cum- Professor. Pursuant to the aforementioned directions issued by the Director General of Medical Education and Training, on 09.05.2025, the Principal, Motilal Nehru Medical College, Prayagraj has appointed Dr. Aparajita Chaudhary as the Director-cum-Professor of Manohar Das Eye Hospital, Prayagraj without any special pay or allowances. In view of the order dated 09.05.2025 passed in favour of Dr. Aparajita Chaudhary, she withdrew her Writ Petition No. 6352 of 2025 on 12.05.2025. Thereafter, Dr. Santosh Kumar has filed writ-A No. 9584 of 2025 challenging the order dated 09.05.2025 whereby Dr. Aparajita Chaudhary was appointed as Director-cum-Professor of the Institute. 8. Vide order dated 18.07.2025, the Coordinate Bench of this Court has framed the legal issues to be decided by the government and directed Dr. Santosh Kumar, the petitioner No.1 as well as Dr. Aparajita Chaudhary to appear before the Secretary of the State Government along with their independent representations and the State Government was directed to decide the issues framed in the said order by passing a reasoned and speaking order considering all the material before it. The aforementioned order dated 18.07.2025 was challenged by Dr. Aparajita Chaudhary by filing the Special Appeal No. 720 of 2025. The Division Bench of this Court noted that vide impugned order dated 18.07.2025, only the clarifications had been asked from the government, therefore, the hearing of the special appeal was adjourned and it was clarified that the proceedings of the writ petition shall continue as the same has not been stayed in the special appeal. The relevant portion of the order dated 18.07.2025 passed by this Court in Writ-A No. 9584 of 2025 is reproduced herein below: "16. The relevant portion of the order dated 18.07.2025 passed by this Court in Writ-A No. 9584 of 2025 is reproduced herein below: "16. In the circumstances therefore, for resolving this contentious issue, whether two independent posts of Head of the Department and Director co exist in the Institute or Head of the Department would be ex officio Director of the Institute, the final stand of the State Government by means of a well informed decision over and above the decision taken by the respondent no.2 impugned herein this petition, becomes a must. Accordingly, while keeping this petition pending I direct the State Government to take a final decision as to the status of the post of Director in the Institute. 17. The issues are framed as under: (i) Whether the post of Director for the Manohar Das Regional Institute of Ophthalmology has been created and special pay scale and allowances have been made admissible to the post, under the relevant rules and regulations? (ii) Whether the Head of the Department of the Manohar Das Regional Institute of Ophthalmology is part and parcel of the Motilal Nehru Medical College and hence Head of the Department of Ophthalmology of the College will hold position of Director of Institute ex officio with no additional pay and allowances? 18. Both the petitioner no.1 as well as the respondent no.5 are also directed to appear before the concerned Secretary of the State Government on or before 31st July 2025 alongwith their independent representations defending their respective claims. The State Government shall thereafter proceed to decide the matter qua the issues framed above by passing reasoned and speaking order considering all the relevant material before it and strictly in accordance with law positively within a further period of 30 days. 19. Needless to add, the State Government shall be taking its independent decision without being influenced by observations made above while considering the arguments of respective parties. 20. 19. Needless to add, the State Government shall be taking its independent decision without being influenced by observations made above while considering the arguments of respective parties. 20. In the meanwhile, in the given facts and circumstances when the Court has not been apprised of any Circular Letter or Government Order giving independent status in terms of assignment of duties whether, administrative or financial to the Director of Institute, I hereby provide that all the administrative and financial powers that respondent no.5 may have been exercising pursuant to the order impugned shall now be exercised by the Principal of the Moti Lal Nehru Medical College, Prayagraj whereas the Head of the Department namely, petitioner no.1 shall be looking after only academic activity and supervision of the Eye Hospital, until further orders of this Court. The impugned order dated 07.05.2025 passed by respondent no.2 is put in abeyance. 21. List this case on 03.09.2025. 22. Decision to be taken by the State Government shall be placed in a sealed cover before this Court on the next date fixed failing which the concerned Secretary shall be appearing in person before this Court. " 9. Thereafter, both the parties have represented to the Secretary, Medical Education Department and subsequently vide order dated 29.08.2025, the Special Secretary of Medical Education Department has nominated Dr. Santosh Kumar as Professor-cum- Director of the aforementioned hospital, who was working as Professor and Head of Department of the aforementioned institute. 10. Vide separate order dated 31.08.2025, the Chief Secretary, relying upon the Government Order dated 05.04.2006 held that the said order permits the senior Professor to be appointed as Director-cum-Professor and not the senior most Professor, and in the said order it has also been observed in answer to the issues raised by this Court that in terms of the Government Order dated 20.04.2010, the pay scale of Rs. 18,400 - 22,400, equivalent pay band of Rs. 37,400 and 67,000, and grade pay of Rs.10,000 has been approved for the post of Director-cum-Professor of the Manohar Das Regional Eye Institute, Prayagraj. It is further observed that the Head of Department of the Eye Department is a part of Motilal Nehru Medical College. 18,400 - 22,400, equivalent pay band of Rs. 37,400 and 67,000, and grade pay of Rs.10,000 has been approved for the post of Director-cum-Professor of the Manohar Das Regional Eye Institute, Prayagraj. It is further observed that the Head of Department of the Eye Department is a part of Motilal Nehru Medical College. Vide order dated 03.09.2025, the Coordinate Bench of this Court has taken note of the aforementioned observation in the following manner: "Upon perusal of the order dated 31st August, 2025 I find that in reply to the three issues framed by way of reference in the order of Court dated 18th July, 2025, they have been answered like this: (I). Under the Government order dated 28th April, 2010, against the post of Director-Professor of Manohar Das Regional Eye Institute, Prayagraj, pay scale of Rs.18400-22400 has been sanctioned as against the pay band of Rs. 37400 ? 67000 with grade pay of Rs.10,000/-; (II). The institute is a part and parcel of department of Ophthalmology of Motilal Nehru Medical College, Prayagraj with its head of department; and (III). Under the Government order dated 5th April, 2006, the Director is only a name given in the institute to a senior professor and therefore, any senior professor can be made Director. Looking to the discussions and observations made by this Court in its order dated 18th July, 2025 with reference to the Government orders dated 28th April, 2010 and 5th April, 2006, point Nos. (I) and (III) seem to be quite contradictory to each other as no pay scale or salary can be assigned to a post that has not been created and still further, I find that respondent concerned does not say anywhere that a head of department who enjoys the post of Director by nomination, is also given conditional pay, nor this would be with a Professor who may be nominated as Director as per the order passed." 11. The parties have exchanged their affidavits in the matter. Learned counsel for the petitioner i.e. Dr. Aparajita Chaudhary, has vehemently submitted that the Manohar Das Eye Hospital has always been a separate institute from the Medical College, though it was affiliated with the medical college and vide Government Order dated 20.01.1976, it was well recognized as Institute of Ophthalmology. The parties have exchanged their affidavits in the matter. Learned counsel for the petitioner i.e. Dr. Aparajita Chaudhary, has vehemently submitted that the Manohar Das Eye Hospital has always been a separate institute from the Medical College, though it was affiliated with the medical college and vide Government Order dated 20.01.1976, it was well recognized as Institute of Ophthalmology. He further submits that recognizing as a separate Institute, the post of Director-cum-Professor was created and recognizing the services of the Institute vide Government Order dated 05.04.2006, Manohar Das Eye Hospital was upgraded and was recognized as Regional Eye Hospital. It is further submitted by learned counsel for the petitioner that vide Government Order dated 05.04.2006, only the senior Professor can be designated as Director-cum-Professor of the Regional Eye Institute. Therefore, the petitioner, being the senior most Professor, she is entitled for designation to the post of Director-cum- Professor of the aforementioned Institute. Prior to 24.03.2021, there was no confusion as Head of Department used to be the senior most Professor and he was also used to be nominated as the Director-cum-Professor of the Institute. 12. Vide Government Order dated 24.03.2021, which is applicable to all the departments of the government medical colleges, it is settled position that the post of Head of Department shall be filled up from amongst the senior most professors of the department concerned. The tenure of such Head of Department shall be two years on the rotational basis and if in any department only one professor is there, he may continue as Head of Department. He further submits that in terms of the aforementioned Government Order dated 24.03.2021, the petitioner herein was appointed as Head of Department from 23.03.2023 and she has worked till 23.03.2025, and since Dr. S.P. Singh, who was previous Head of Department till 2015 and thereafter since 2005 to 2015, he also continued as the Director-cum-Professor of the Institute. Even subsequent thereto, despite the change of Head of Departments in 2015, Dr. S.P.Singh continued as Director of the Institute till the date of his retirement i.e. 31.03.2024 being the senior most Professor of the Institute and it is only after his retirement, Dr. Aparajita Chadhary was nominated as the Director-cum-Professor from 01.04.2024 of the aforesaid Institute despite she was previously designated as Head of Department of the Institute. 13. S.P.Singh continued as Director of the Institute till the date of his retirement i.e. 31.03.2024 being the senior most Professor of the Institute and it is only after his retirement, Dr. Aparajita Chadhary was nominated as the Director-cum-Professor from 01.04.2024 of the aforesaid Institute despite she was previously designated as Head of Department of the Institute. 13. Thus, learned counsel for the petitioner submits that the designation of the Director and the Head of Department are two different posts. He has further relied upon the Government Order dated 20.04.2010, whereby the separate pay scale has been fixed for the post of Director-cum-Professor of the Manohar Das Regional Eye Institute, Allahabad. Learned counsel for the petitioner has further relied upon the Government Order dated 05.04.2006 and submits that though the aforesaid Government Order is in continuation of the previous Government Order dated 26.07.1976, the requirement of being the Head of Department was dispensed with for designation of the Director-cum-Professor of the Institute by the aforesaid Government Order. The senior Professor has been designated as Director-cum- Professor of the Institute, which has been apparent from settled practice in the previous appointments of Dr. S.P.Singh as Director-cum-Professor of the Institute despite he not being the Head of Department since 2015, still he continued on the post of Director-cum-Professor till the date of his retirement i.e. 31.03.2024 despite Dr. Kamaljeet Singh was appointed as Head of Department from 2015 till 30.03.2023. Therefore, the contention of learned counsel for the petitioner is that the two posts are entirely separate and only the senior most Professor can be appointed as the Director- cum-Professor of the Institute. Therefore, the appointment of respondent no.6, Dr. Santosh Kumar as Director-cum-Professor of the Institute vide impugned order dated 24.08.2025 is not sustainable and is liable to be quashed and accordingly, the petitioner has also prayed for quashing of the impugned office memo dated 31.08.2025 whereby the State has tried to distinguish that senior Professor does not mean the senior most Professor as described in the Government Order dated 05.04.2006. 14. Per contra, Sri Rahul Agarwal, learned Additional Advocate General appearing for the State respondents submits that previously the Ophthalmology Department of Motilal Nehru Medical College, Prayagraj was a separate department and the Manohar Das Eye Hospital was a separate hospital, though it was affiliated to the aforesaid medical college. 14. Per contra, Sri Rahul Agarwal, learned Additional Advocate General appearing for the State respondents submits that previously the Ophthalmology Department of Motilal Nehru Medical College, Prayagraj was a separate department and the Manohar Das Eye Hospital was a separate hospital, though it was affiliated to the aforesaid medical college. Vide Government Order dated 20.01.1976, the Ophthalmology Department of Motilal Nehru Medical College, Allahabad and Manohar Das Eye Hospital, Allahabad, which was affiliated to the Medical Colelge was clubbed together and renamed as Institute of Ophthalmology. Since thereafter the Institute of Ophthalmology continued to be the Ophthalmology Department of Motilal Nehru Medical College, Allahabad, though the nomenclature was Institute of Ophthalmology. He further submits that vide Government Order dated 26.07.1976, no separate post of Director-cum-Professor was created but the nomenclature of the Head of Department-cum-Professor of Institute of Ophthalmology, Allahabad was directed to be renamed as Director-cum-Professor of the Institute. While providing such nomenclature, it was also provided that the Director-cum-Professor would not be entitled for any special pay and allowances. Thus, for designating a person as Director-cum-Professor, he is required to be the Head of Department as well as the Professor of the Institute. It does not require that only the senior most Professor can be designated as Director-cum-Professor. 15. He further submits that vide Government Order dated 05.04.2006, though the Institute of Ophthalmology, Allahabad was upgraded to the Regional Eye Institute but that upgradation was granted without any additional grant to the Institute. Thus, the aforesaid Institute continued to be the Department of Motlal Nehru Medical College, Allahabad and the aforesaid order is in continuation of the previous Government Order dated 26.07.1976, which provided that for the nomination of Director-cum-Professor, the Professor must be the Head of Department and in that sense, it has been observed in the Government Order dated 05.04.2006 that the senior Professor shall be nominated as Director-cum-Professor. In this Government Order also, it is further provided that no special pay or allowances are available to such Director -cum-Professor. Since vide Government Order dated 24.03.2021, it is first time the post of Head of Department was to be filled on the rotational basis for two years from amongst the senior most Professors and in the absence of the Professors, the Associate Professors as well as the Assistant Professors. At the time of the aforesaid Government Order, since Dr. Since vide Government Order dated 24.03.2021, it is first time the post of Head of Department was to be filled on the rotational basis for two years from amongst the senior most Professors and in the absence of the Professors, the Associate Professors as well as the Assistant Professors. At the time of the aforesaid Government Order, since Dr. S.P. Singh was the Head of Department as well as the senior Professor of the Institute, he continued to be nominated as Director- cum-Professor of the Institute. Thus, as per 1976 Government Order, the post of Head of Department and Professor is to be nominated as Director-cum-Professor and there is no separate post of Director-cum-Professor, which has never been created in the Manohar Das Regional Eye Hospital, Allahabad. So far as the Government Order dated 20.04.2010 is concerned, which though provides a separate pay scale to the Director of the Institute including two other Institutes namely Cardiology Institute, Kanpur as well as the Cancer Institute, Kanpur, which are under the Kanpur Medical College. 16. The learned Additional Advocate General submits that so far as those Institutes of Cardiology and cancer are concerned, vide Government Order dated 22.03.2013, the separate post of Directors was created in the Cardiology Institute affiliated to the Kanpur Medical College. So far as the Manohar Das Regional Institute of Ophthalmology affiliated to the Motilal Nehru Medical College, Allahabad/Prayagraj is concerned, no post of Director-cum-Professor was ever created and none of the Directors-cum-Professors who were previously nominated in the Institute, have ever been given benefit of the aforesaid Government Order dated 20.04.2010 giving them any special pay scale and allowances or grade pay. They have continued to get the pay scale of the Head of Department and senior Professor. Since there is no separate post of Director-cum-Professor in the Manohar Das Regional Eye Institute and vide Government Order dated 26.07.1976, the nomenclature of Director- cum-Professor was granted to the Head of Department-cum-Professor. Thus the Head of Department as well as the Director-cum- Professor continued to be one and the same person. The basic requirement for nomination of Director is that the person must be the Head of Department. Thus the Head of Department as well as the Director-cum- Professor continued to be one and the same person. The basic requirement for nomination of Director is that the person must be the Head of Department. Since in terms of the Government Order dated 24.03.2021, the post of Head of Department is to be rotated amongst the Professors of the Institute, therefore, whosoever is the Head of Department is required to be designated as Director of the Institute as well. Therefore, the learned Additional Advocate General submits that there is no illegality in the impugned order dated 29.08.2025 whereby Dr. Santosh Kumar being the Head of Head of Department of the Institute has been nominated as the Director-cum-Professor of the Institute as well without any special pay scale or allowances. Thus, the claim of the petitioner Dr. Aparajita Chaudhary that since she is the senior most Professor be given the nomination and other powers of the Director-cum-Professor of the Institute, is not sustainable. 17. Thus, learned Additional Advocate General for the State has prayed for dismissal of the Writ-A No. 14985 of 2025 and supports the claim of Dr. Santosh Kumar, the petitioner in Writ-A No. 9584 of 2025 whereby the challenge was made to the order dated 09.05.2025 whereby Dr. Aparajita Chaudhary was designated as Director-cum- Professor without any special pay and allowances which has otherwise been superseded vide order dated 29.08.2025 passed by the Special Secretary, Government of U.P. 18. Sri G.K. Singh, learned counsel appearing for Dr. Santosh Kumar, who is respondent no.6 in Writ-A No. 14985 of 2025 and petitioner in Writ-A No. 9584 of 2025 supports the submissions advanced by Sri Rahul Agarwal, learned Additional Advocate General and submits that in the same Institute, there cannot be two heads. None of the Government Orders provide that there will be two heads, one Head of Department and the other the Director-cum-Professor. But the Government Order dated 26.07.1976 specifically provides that the designation of the Head of Department shall be done as the Director-cum-Professor and none else. Thus, the primary requirement for designation to the post of Director is that the person must be the Head of Department. He further submits that none of the Director-cum-Professor previously appointed Director-cum-Professor have been given any separate pay scale or allowances in terms of the Government Order dated 20.04.2010. Thus, the primary requirement for designation to the post of Director is that the person must be the Head of Department. He further submits that none of the Director-cum-Professor previously appointed Director-cum-Professor have been given any separate pay scale or allowances in terms of the Government Order dated 20.04.2010. So far as it concerned to the Manohar Das Regional Institute of Ophthalmology nor Dr. Aparajita Chaudhary who previously held the designation of Director-cum-Professor and was erroneously appointed vide impugned order dated 09.05.2025 as Director-cum-Professor nor the respondent no.6, Dr. Santosh Kumar, who was appointed previously on 04.04.2025 and subsequently on 29.08.2025 as Director-cum-Professor of the Institute in capacity of being the Head of Department of the Institute, have ever been granted the benefit of the Government Order dated 20.04.2010. Simply, therefore, there is no separate post of Director-cum-Professor in the Institute. All the orders of nomination specifically mention that they will not be entitled for any special pay scale or allowances only because they were designated as Director-cum-Professor of the Institute. Thus, it is apparent that the Government Order dated 24.3.2010 has never been given effect to in the Institute because there is no creation of separate post of Director in the Institute till date. 19. Sri G.K. Singh, learned Senior Advocate submits that the nomination/designation of Dr. Santosh Kumar as Director-cum-Professor was done only because he was appointed as the Head of Department on rotational basis in terms of the Government Order dated 24.3.2021. Therefore, there is no illegality in the nomination / designation of Dr. Santosh Kumar as Director-cum-Professor being the Head of Department and the claim of Dr. Aparajita Chaudhary is not sustainable in law for designation as Director-cum-Professor of the Institute only because she is the senior most Professor of the institute, as she had ceased to be the Head of Department. 20. Having heard the rival submissions so made by learned counsel for the parties, this Court has carefully perused the record of the case. The facts of the case have already been noted hereinabove. It is undisputed that prior to the Government Order dated 20.01.1976, the Ophthalmology Department of the Moti Lal Nehru Medical College and the Manohar Das Eye Hospital were separate to each other, though, the Manohar Das Eye Hospital was affiliated to Moti Lal Nehru Medical College. The facts of the case have already been noted hereinabove. It is undisputed that prior to the Government Order dated 20.01.1976, the Ophthalmology Department of the Moti Lal Nehru Medical College and the Manohar Das Eye Hospital were separate to each other, though, the Manohar Das Eye Hospital was affiliated to Moti Lal Nehru Medical College. By the aforesaid order dated 20.01.1976, the Ophthalmology Department of the Medical College as well as Manohar Das Eye Hospital were clubbed together and directed to be nominated as Institute of Ophthalmology, which continued as the Ophthalmology Department of the Medical College. Thus, for all practical purposes, though the nomenclature of the Institute has been changed, it continued as Ophthalmology Department of Moti Lal Nehru Medical College, Allahabad for all practical purposes. 21. Vide Government Order dated 26.07.1976, it has been provided that the Head of Department and Professor of the Institute of Ophthalmology to be designated as Director-cum-Professor. Thus, vide order dated 26.07.1976, only the nomenclature of the Head of Department was changed as Director-cum-Professor and no separate post was created by the aforesaid Government Order dated 26.07.1976. Vide Government Order dated 05.04.2006, the nomenclature of the Institute of Ophthalmology has been changed as Regional Institute of Ophthalmology by upgrading the said institute. However, the aforesaid Government Order does not say that the aforesaid Institute would, in any case, be an independent Institute. Thus, for all practical purposes, it continued to be the Ophthalmology Department of the Medical College. The Government Order dated 05.04.2006 refers the senior Professor, who earlier used to be the Head of Department and in that context it was observed that the senior Professor shall be designated as the Director-cum-Professor of the aforesaid Regional Eye Institute. However, it has not dilated the situation i.e. the Director-cum-Professor and the Head of Department would remain the same person governing the affairs of the Institute. 22. The problem has arisen only after the Government Order dated 24.03.2021 came into effect whereby the post of Head of Department was directed to be filled on rotational basis from amongst the senior Professors. It talks about the senior most Professors to be appointed as Head of Department, but simultaneously, it also provides that in the absence of senior most Professors, the Associate Professor as well as the Assistant Professor can be appointed. Since at present, Dr. It talks about the senior most Professors to be appointed as Head of Department, but simultaneously, it also provides that in the absence of senior most Professors, the Associate Professor as well as the Assistant Professor can be appointed. Since at present, Dr. Aparajita Choudhary is undisputedly is the senior most Professor, she was given first preference while appointing her the Head of Department with effect from 23.03.2023 till 23.03.2025 and she also held the post of Director-cum-Professor of the Institute from 01.04.2024 being the Head of Department of the Institute and with effect from 24.03.2025, Dr. Santosh Kumar has been appointed as Head of Department of the Institute and there is no dispute in his appointment on rotational basis being the second senior most Professor of the Institute as Head of Department of the Institute. 23. Since the Government Order dated 26.07.1976, which first time created the nomenclature of Director-cum-Professor for the Head of Department and Professor of the Institute, therefore, in the considered opinion of this Court, it is only the Head of Department of the Institute who could be nominated as the Director-cum-Professor of the Institute and none else. By the subsequent Government Order dated 5.4.2006, when the aforesaid Institute was declared as Regional Eye Institute, which is in continuation of the earlier Government Order, does not provide that only senior most Professor to be appointed as the Director-cum-Professor rather, it provides that senior Professor of the Institute can be nominated as the Director-cum-Professor. From the Government Order dated 26.7.1976, it becomes categorical clear that in the nomination/designation of a person as Director-cum-Professor, the person must be Professor/Senior professor of the Institute and he is also required to be the Head of Department as there is no separate post of Director created in the Institute. Only the nomenclature of the Head of Department and Professor was created as Director-cum- Professor. The appointment Dr. Santosh Kumar to the post of Head of Department of the institute in consonance with the Government Order dated 24.03.2021 with regard to which there is no dispute between the parties. Therefore, Dr. Santosh Kumar being the Head of Department was entitled to be nominated/designated as Director-cum- Professor of the Institute, which has rightly been done initially vide order dated 24.4.2025 and subsequently vide order dated 29.8.2025. 24. Therefore, this Court does not find any illegality on the designation of Dr. Therefore, Dr. Santosh Kumar being the Head of Department was entitled to be nominated/designated as Director-cum- Professor of the Institute, which has rightly been done initially vide order dated 24.4.2025 and subsequently vide order dated 29.8.2025. 24. Therefore, this Court does not find any illegality on the designation of Dr. Santosh Kumar, Professor and Head of Department of the Ophthalmology Department of the Motilal Nehru Medical College, which is known as Manohar Das Regional Eye Institute, Allahabad as the Director-cum-Professor of the said Institute. Thus, Dr. Santosh Kumar being the Head of Department was entitled to be nominated/ designated as the Director-cum-Professor of the Institute. It has rightly been done vide order dated 04.04.2025 passed by the Principal of the Motilal Nehru Medical College, Prayagraj, as well as by the Special Secretary, Government of U.P. vide order dated 29.08.2025. 25. In view of the aforesaid finding, this Court finds that the appointment of Dr. Aparajita Chaudhary vide order dated 09.05.2025 to the post of Director-cum-Professor is not sustainable in law. Accordingly, the same is hereby set aside. 26. With the aforesaid observations, both the petitions are disposed of. 27. It is further held, till a separate post of Director-cum-Professor, is specifically created in the Manohar Das Regional Institute of Ophthalmology, Prayagraj, it is the Head of Department-cum-Professor of the said Institute, who can be designated as Director-cum-professor of the aforesaid Institute and none else.