2004 INSC 0906
                                    SUPREME COURT OF INDIA

                                           State of Uttar Pradesh

                                                      Vs.

                                              Praveen Sharma

                                       S.L.P. (C) No. 1349 of 2004

                                 (Arijit Pasayat and C. K. Thakker JJ.)

                                                 23.08.2004

                                                JUDGMENT

1. Leave granted.

2. Heard learned counsel for the parties.

3. The State of Uttar Pradesh questions the validity of judgment rendered by the Division
Bench of the Allahabad High Court whereby the action taken by the State not to give effect
to the selection of the respondents was held to be invalid.

4. It appears from the record that the State Government took note of the fact that some
candidates who had degrees from the colleges like Sohagur Dhampur Ayurvedic Medical
College were not eligible to be considered for appointment as Medical Officers. According to
the State the degrees of such colleges were not recognised by the State for the purpose of
appointment. A radiogram was issued by the State on 7.3.1992 to the concerned authorities
in this regard. The respondents approached the High Court of Allahabad High Court by way
of writ applications and interim orders were passed on 24.2.1992. The substance of the order
was that the services of the writ petitioners were not to be terminated and they were to be
permitted to work. The basic issue which appears to have been highlighted was the absence
of opportunity to the writ petitioners to show that they possessed requisite qualifications. It
appears that during the pendency of the matter show cause notices have been issued. The
appropriate course according to us would be that a decision be taken by the State after
consideration of the show cause reply, if any, to be filed by the present respondents. # In the
circumstances, we permit the State to take a decision on the basis of the show cause notice
and reply to be furnished by the respondents within four week from today if not already
done. The State government shall be free to take the decision notwithstanding any
observations made by the High Court in the impugned judgment. It is open to the parties to
take such stand as is available in law. The exercise of finalising the matter shall be
undertaken within three months from today. The appeal is accordingly disposed of.

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