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Allahabad High Court

VIVEKversusSTATE OF U.P. AND 2 OTHER

Decided

Holding

The petition is dismissed for lack of standing and insufficient disclosure.

Summary

The petitioner filed a public interest litigation seeking a court direction for the appointment of an Orthopedic Surgeon at Government United Hospital, Sikandrabad, a post vacant for over a year, and also sought reinstatement of Dr. Pradeep Sharma. The court noted that the petition appeared to be filed at the behest of Dr. Sharma, who had been transferred and was facing disciplinary proceedings for not joining the new post. It was further observed that the Chief Medical Officer had already issued a schedule to ensure the surgeon’s availability on specific days. The petitioner failed to disclose any professional credentials, merely describing himself as a social worker, and provided no source for the documents relied upon. Given the lack of standing, inadequate disclosure, and the petition’s apparent personal motive, the court dismissed the petition.

Issues considered

  • Whether the petitioner has locus standi to file a PIL for the appointment of an Orthopedic Surgeon in a government hospital.
  • Whether the court can direct the appointment or reinstatement of a specific doctor in a public hospital.
  • Whether the petition is maintainable in view of the petitioner’s failure to disclose credentials and source of documents.

Subjects

  • public interest litigation
  • appointment
  • government hospital
  • orthopaedic surgeon
  • petition dismissed
  • standing
  • procedural deficiency

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 2022 of 2026

Vivek
                                                            .....Petitioner(s)
                                  Versus

State of U.P. and 2 other
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Mohammad Anas Raza, Avnish Kumar
                                 Srivastava, Raj Kumar Prajapati
Counsel for Respondent(s)      : A.K. Goyal (A.C.S.C.)

Chief Justice's Court
            HON'BLE ARUN BHANSALI, CHIEF JUSTICE
            HON'BLE ARUN KUMAR, J.

1. This petition, purportedly in public interest, has been filed by the
petitioner seeking a direction to the respondents to make appointment of
Orthopedic Surgeon in Government United Hospital, Sikandrabad,
Bulandshahr, which is vacant for more than one year. Further prayer has
been made to take appropriate action towards appointment of Orthopedic
Surgeon or reinstate the earlier appointed doctor in the said Hospital.

2. Instructions were sought, wherein allegations have been made that
filing of the petition is at the instance of Dr. Pradeep Sharma, who has
been transferred from the said Hospital. It has been pointed out that large
number of complaints and applications are being made by wife, mother
and friends of the said Dr. Pradeep Sharma on account of the said transfer
and the attempt in the present petition also as is apparent from the relief
claimed is to get the said Dr. Pradeep Sharma reinstated against whom,
for not joining on the transferred post, already disciplinary proceedings
have been started.

3. Further indications have been made that order has been passed by the
Chief Medical Officer to ensure that on each Wednesday, first and third
Friday and second and fourth Saturday, the Orthopedic Surgeon would be
available at the said Hospital.

4. In view of the above fact situation, wherein the petitioner has failed to
disclose his credentials, inasmuch as except for claiming himself as a
                                                                                          WPIL No. 2022 of 2026
                                                                  2


                                    social worker, no other indication has been made and the affidavit
                                    discloses his age as 23 years and further, the petition and affidavit are
                                    silent regarding the source of documents, which the petitioner normally
                                    cannot have access to, we do not find any reason to entertain the present
                                    petition, the same is, therefore, dismissed.



                                                                      (Arun Kumar,J.) (Arun Bhansali,CJ.)
                                    September 9, 2026
                                    M.Pal/Ranjeet Sahu




Digitally signed by :-
MUKESH PAL
High Court of Judicature at Allahabad


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