Sanjay Gupta v. The Institute Of Liver & Biliary Sciences

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11433/2016 and C.M. Appl. No. 44797/2016 (for stay) SANJAY GUPTA ..... Petitioner Through:

Mr. Mukul Gupta, Sr. Advocate with Mr. Sumit Kr. Mishra, Advocate.

versus THE INSTITUTE OF LIVER & BILIARY SCIENCES ..... Respondent Through:

Mr. Sanjay Poddar, Sr. Advocate with Mr. Siddharth Panda, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 23.01.2017 1.

Learned senior counsel for the respondent could not dispute that the ratio of the judgment of the Constitution Bench of the Supreme Court in the case of Faculty Association of AIIMS Vs. Union of India and Ors., (2013) 11 SCC 246 is binding upon the respondent.

It also could not be disputed on behalf of the respondent that the post in question of Professor (Nephrology) is not only a super-speciality post but is a single post with the respondents. 2.

In view of the afore-stated factual and legal position, this writ petition is allowed by directing the respondent not to reserve the post of Professor (Nephrology) in a reserved category. W.P.(C) 11433/2016

3.

The writ petition is accordingly allowed and disposed of with the aforesaid observations.

VALMIKI J. MEHTA, J JANUARY 23, 2017 AK W.P.(C) 11433/2016