HC junks Plea Challenging Appointment of SMS Medical College Principal

Consequently, challenging the appointment of Dr. Maheshwari, the petitioner approached the High Court bench. The plea stated that while Dr. Maheshwari is more qualified and better than the petitioner, he resigned from the post on October 21, 2016. Later, Dr. Maheshwari applied to withdraw his resignation and the State Government accepted the withdrawal of resignation and kept him in service. Due to this, the petitioner could not participate in the selection process for the post of Principal.

Objecting to the petition, the counsel for the State Government, Additional Advocate General (AAG) Basant Singh Chaba, also objected to the plea, stating that the petitioner himself participated in the selection process despite knowing that Dr. Maheshwari's resignation was withdrawn. Meanwhile, the petitioner informed the Court that he is working as a Senior Professor.

After taking note of the arguments, the HC bench junked the petition. Justice Sharma observed, "The petitioner participated in the selection process despite knowing the fact that Dr Maheshwari first tendered his resignation and later withdrew it. Now, the petitioner does not have the right to challenge the appointment on grounds which are not related to the selection."

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