Dr Devendra Kumar Shakya vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
1 WP-18026-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 16 OF JULY, 2026
WRIT PETITION No. 18026 of 2026
DR DEVENDRA KUMAR SHAKYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Nidhi Patankar learned Senior Counsel with Mr. Abhay Jain-
Advocates for the petitioner.
Mr. K.K. Prajapati - Govt. Advocate for the State.
Mr. Rajendra Singh Dhakad - Advocate for the respondents no.4 & 5.
ORDER
This petition, under Article 226 of the Constitution of India, has
been filed seeking the following relief(s):-
"a) Issue an appropriate writ, order or direction in the nature
of Mandamus, directing the Respondents to appoint the
Petitioner as Head of the Department, Ophthalmology, Gajra
Raja Medical College, Gwalior, in accordance with the
Circular dated 05-08-2023 issued by the Department of
Medical Education, Govt. of M.P.
b) Issue an appropriate writ, order or direction, declaring the
inaction /arbitrary action on the part of the Respondents,
particularly Respondent No. 5, in not implementing the
Circular dated 05-08-2023 in the case of the Petitioner, as
illegal, arbitrary, discriminatory and violative of Articles 14
and 16 of the Constitution of India;
c) Issue an appropriate writ, order or direction directing the
Respondents to follow the policy of seniority-cum-rotation as
prescribed in Circular dated 05-08-2023 for the Department
of Ophthalmology, GRMC;
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
2 WP-18026-2026
d) Grant any other relief which this Hon'ble Court may deem
fit, just and proper in the facts and circumstances of the case
in the interest of justice;
e) Award cost of the petition in favour of the Petitioner."

2. Learned counsel for the State submitted that he does not want to file
reply in the matter as the contesting party is respondents no.4 & 5.
3. Learned counsel for the petitioner submitted that the petitioner is a
Professor in the Department of Ophthalmology at Gajra Raja Medical
College, Gwalior, and has been serving the institution for the last about 35
years with sincerity, dedication and professional competence. It is submitted
that the petitioner is the senior-most Professor in the Department of
Ophthalmology and is due to retire on attaining the age of superannuation in
December, 2027.
4. Learned counsel further submitted that in the year 2020, the
petitioner was diagnosed with Stage-IV Carcinoma Prostate (Cancer).
However, after undergoing treatment and receiving a favourable prognosis,
the petitioner has continuously and efficiently discharged his academic,
clinical and administrative duties without any interruption. It is submitted
that the illness of the petitioner has never affected the discharge of his
official duties. It is further submitted that since the diagnosis of cancer in the
year 2020, no show-cause notice has ever been issued to the petitioner
regarding his work or performance by the competent authority.
5. It is further submitted that the Department of Medical Education
issued a circular dated 05.08.2023 directing all Government Medical
Colleges in the State to appoint the Head of Department on the basis of
seniority with a rotational tenure of two years. As per the said circular, the
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
3 WP-18026-2026
senior-most Professor of the concerned department is required to be

appointed as the Head of Department. Learned counsel submitted that the
petitioner had earlier also been entrusted with the charge of Head of
Department from December, 2020 to September, 2023, and during the said
period no complaint or show-cause notice was ever issued against him.
6. It is further submitted that pursuant to the circular dated 05.08.2023,
the respondents implemented the policy in various departments of
Government Medical Colleges across the State, and appointments of Heads
of Department were made strictly on the basis of seniority and rotation.
7. Learned counsel further submitted that the petitioner was
subsequently transferred to Sheopur vide order dated 22.05.2025. Aggrieved
by the said transfer, the petitioner filed W.P. No.19503/2025, wherein
interim protection was granted by the Coordinate Bench. Thereafter, the
respondents themselves modified the transfer order vide order dated
30.12.2025. Learned counsel for the petitioner further submitted that the
petitioner submitted a representation dated 07.01.2026 before the competent
authority requesting that he be appointed as the Head of the Department of
Ophthalmology in terms of the circular dated 05.08.2023, being the senior-
most Professor of the department.
8. Learned counsel further submitted that the Medical Teachers'
Association, Madhya Pradesh, also addressed letters dated 08.01.2026 and
29.01.2026 to the respondents recommending the appointment of the
petitioner as Head of the Department in accordance with the circular dated
05.08.2023 (Annexure P-7). Since the representation was not decided, the
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
4 WP-18026-2026
petitioner filed W.P. No.10613/2026, which was disposed of vide order dated

01.04.2026 with a direction to the respondents to consider the representation
in accordance with the circular dated 05.08.2023. It is submitted that
thereafter respondent No.5 passed the impugned order dated 29.04.2026
rejecting the petitioner's claim for appointment as Head of the Department.
Learned counsel submitted that the representation has been rejected mainly
on the ground of the petitioner's medical condition and a disciplinary penalty
imposed during the year 2015-2016. It is submitted that both the grounds are
wholly extraneous and untenable, as the petitioner has continuously worked
as Professor without any interruption. Even after the punishment order dated
26.07.2016, the petitioner was entrusted with the charge of Head of
Department from December, 2020 to September, 2023 and discharged the
said duties satisfactorily. It is further submitted that during the said tenure no
show-cause notice was issued, no departmental enquiry is pending against
the petitioner, and no complaint regarding his functioning has ever been
made. It is further submitted that the respondent authorities are implementing
the Circular dated 05.08.2023 in all other departments by giving the
rotational charge of the Head of Department on the basis of seniority.
However, in the case of petitioner alone, the respondents have not followed
the said Circular and have treated the petitioner differently without any valid
reason. Learned counsel further submitted that there are only two Professors
in the Department of Ophthalmology and, after completion of the tenure of
Dr. P.K. Chhawariya, the petitioner became entitled to be appointed as Head
of Department in terms of the circular dated 05.08.2023.
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
5 WP-18026-2026
9. Per contra, learned counsel for respondents no.4 and 5 submitted

that the circular dated 05.08.2023 itself provides that where there are adverse
remarks by the Dean or a past disciplinary record, the competent authority
may pass over such person and appoint the next eligible senior Professor on
rotational basis. It is submitted that the petitioner has a past record of
professional misconduct. He was placed under suspension vide order dated
11.06.2015 for alleged negligence in discharge of official duties and, after
conclusion of the departmental enquiry, a penalty of withholding one annual
increment was imposed upon him vide order dated 26.07.2016.
10. It is further submitted that seniority alone does not confer a vested
right to be appointed as Head of Department. The assignment of the charge
of Head of Department is purely an administrative arrangement made in the
interest of efficient administration. It is also submitted that the petitioner is
undergoing treatment for Stage-IV Prostate Cancer and, therefore, may not
be able to discharge the higher administrative responsibilities efficiently.
Learned counsel further submitted that the petitioner himself relied upon his
medical condition while seeking interim protection against his transfer,
which indicates that he is not in a position to discharge the additional
responsibilities. It is submitted that assessment of the operational fitness of a
medical teacher for administrative responsibilities falls within the
administrative discretion of the competent authority and is exercised in
public interest.
11. Heard learned counsel for the parties and perused the record.
12. From the record, it is evident that the petitioner is serving as
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
6 WP-18026-2026
Professor in the Department of Ophthalmology at Gajra Raja Medical

College, Gwalior, and has rendered nearly 35 years of service. It is also not
in dispute that the petitioner is the senior-most Professor in the Department
of Ophthalmology and is due to attain the age of superannuation in
December, 2027. The petitioner was diagnosed with Stage-IV Carcinoma
Prostate in the year 2020. However, after undergoing the requisite treatment,
the petitioner resumed and continued to discharge his academic, clinical and
administrative responsibilities. The material placed on record does not
indicate that the petitioner's medical condition has adversely affected the
discharge of his official duties. It is not the case of the respondents that at
any point of time after the diagnosis of the illness, the petitioner was issued
any show-cause notice in the discharge of his duties on account of his
medical condition.
13. The record further reveals that the Department of Medical
Education issued a circular dated 05.08.2023 prescribing that the charge of
Head of Department in Government Medical Colleges shall be assigned on
the basis of seniority with a rotational tenure of two years. It is also an
admitted position that the petitioner had earlier functioned as the Head of the
Department of Ophthalmology from December, 2020 to September, 2023.
During the said period, no adverse material has been brought on record to
indicate that his functioning as Head of Department was unsatisfactory. No
departmental enquiry was initiated, no complaint was received and no show-
cause notice was issued regarding his performance while discharging the
responsibilities of the said office/HOD. Despite the policy dated 05.08.2023
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
7 WP-18026-2026
and despite the petitioner being the senior-most Professor in the Department,

he was not appointed as Head of the Department.
14. Merely because the petitioner is undergoing treatment for a
medical condition cannot be a valid ground to deny him the charge of Head
of Department, particularly when the respondents themselves have permitted
him to continue as Professor and have not placed any material on record to
establish that he is medically unfit to discharge the duties attached to the
office. More significantly, the petitioner had already discharged the functions
of Head of Department from December, 2020 to September, 2023 after the
diagnosis of his illness.
15. This Court also finds that the circular dated 05.08.2023 is being
uniformly implemented in respect of other departments by assigning the
charge of Head of Department on the basis of seniority and rotation. The
respondents have failed to disclose any rational basis for departing from the
said policy only in the case of the petitioner.
16. It is not in dispute that the petitioner had earlier discharged the
duties of Head of Department from December, 2020 to September, 2023.
During the said period, no show-cause notice was issued to him and no
disciplinary action was taken regarding his performance as Head of
Department. Even at that time, the respondents were fully aware of the
punishment order dated 26.07.2016, whereby the penalty of withholding one
annual increment without cumulative effect had been imposed upon the
petitioner. Despite the said penalty, the respondents themselves considered
the petitioner fit and entrusted him with the charge of Head of Department.
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
8 WP-18026-2026
The petitioner has been suffering from cancer since the year 2020. Even

thereafter, no show-cause notice has ever been issued regarding his work or
efficiency. This clearly shows that the petitioner has been continuously
discharging his official duties satisfactorily.
17. For ready reference and convenience, the relevant part of circular
dated 05.08.2023 reads as under;
"1.

थमतः शै  णक िच कसालय म  संबंिधत विशता के
/
व रतम व र
ायापक
ायापक को वभागाय िनयु &
2
कया जावेगा जो एक बार म  अिधकतम वष + के िलए

वभागाय रह ग । यह िनयु & प रप. जार / करने क 0 दनांक से
2

भावी होगी। वत +मान म  काय +रत वभागाय िनयु & ितिथ से

वष + तक काय + कर सक  गे ।

2. /
त प3ात व रता के आधार पर कमांनुसार व र
ायापक
,

ायापक को वभागाय िनयु & कया जावेगा जसक0 अविध
2
वष + क 0 होगी। वभाग म  एक ह / व र
ायापक होने क 0 5थित

म  दूसरा व र
ायापक उपल 8ध होने तक काया +लय म  वृ : क 0
जावेगी।

3. /
य द व र
ायापक
ायापक ;ारा वभागाय बनने म

िल खत =प से अिन >छा
कट क 0 जाती है अथवा उसने व=:
/
वभागीय जांच Aयायालय म  अपरािधक
करण दज + है अथवा

अिध ाता ;ारा
ितकूल टBपणी क 0 गई है अथवा रा Dय सरकार

;ारा आरोप प .ाद जार / कये गये है तो संबंिधत वभाग म  काय +रत
/
अगले व र
ायापक
ायापक को वभागाय िनयु & कया
जायेगा।

4. (On Rotation)
वभागाय के िनयु & आदेश Eमानुसार
CEO
संबंिधत अिध ाता एव ;ारा जार / कये जाय गे ।

5.
संबंिधत शै  णक िच कसालय म  वभागाय के अ Aय
, - ,
महा वFालय म  5थानाAतरण याग प . सेवािनवृ G अथवा अ Aय
/
क 0 5थित म  5वतः ह / व रता म  अगले व र
ायापक


ायापक को वभागाय िनयु & कया जा सकेगा।

6. (Rotation)
पुनः कम
ारंभ होने पर पूव + म  वभागाय के =प
/
म  काय + कर चुके व र
ायापक
ायापक को व रता के

आधार पर वभागाय िनयु & कया जावेगा जब तव क व रता
/
कम म  ऐसा व र
ायापक
ायापक जसक0 वभागाय के
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
9 WP-18026-2026
2 ,
=प म  वष + क 0 अविध पूण + नह /ं हुई है उपल 8ध नह /ं होता है।

7. CEO
संबंिधत अिध ाता एवं उनके संबं : शै  णक

िच कसालय के सभी वभाग को उ &
Eया के तहत

वभागाय क 0 िनयु & कया जाना सुिन 3त कर गे ।

8. 14.02.2022
रा Iय आयु +वJान आयोग क 0 अिधसूचना दनांक
"Teachers Eligibility Qualification in Medical Institution
regulation, 2022 Non Medical Person
के अनुसार को कसी
/ /
िच कसा सं 5थान म  अिध ाता िनदेशक िच कसा अधी क

अथवा वभागाय िनयु & नह /ं कया जा सकता है।

9. Medical Person
उपल 8ध म  से ह / व रता अनुसार

वभागाय के पद पर िनयु & कया जा सकेगा। व रता कम म
Medical Person
क 0 अनुपल 8धता क 0 दशा म  पुनः वह / कम
(Cycle of Rotation)
दोहराया जाएगा। पर Aतु वभागाय का
(NMC

ायापक होना भी आव Kयक है अिधसूचना दनांक
28.10.2020 Schedule II B.2 )
के अनुसार उ & दशा िनद Lश
"
त काल
भाव से लागू कया जाता है।

18. The circular dated 05.08.2023 does not prohibit appointment of a
senior-most Professor as Head of Department merely because he is suffering
from a serious medical ailment. The respondents have also not shown that
there has been any adverse change in the petitioner's service record after he
earlier discharged the duties of Head of Department. Once the respondents
themselves had earlier entrusted the petitioner with the charge of Head of
Department despite the punishment order dated 26.07.2016 and despite his
medical condition, the same grounds could not have been relied upon
subsequently to deny him the benefit under the circular dated 05.08.2023.
19. In the case at hand, despite being the senior-most Professor in the
Department of Ophthalmology, the petitioner was not appointed as the Head
of Department. Instead, one Dr. P.K. Chhawariya, who is junior to the
petitioner and was earlier his student, was appointed as the Head of
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21103
10 WP-18026-2026
Department vide order dated 23.08.2023 for a tenure of two years.

Considering the aforesaid, the impugned order dated 29.04.2026 rejecting the
petitioner's representation is hereby quashed.
20. Since, it is not disputed that the petitioner is the senior-most
Professor in the Department of Ophthalmology and it is also not the case of
the respondents that Dr. P.K. Chhawariya is more suitable than the petitioner,
the respondents are directed to appoint the petitioner as the Head of the
Department, Ophthalmology, Gajra Raja Medical College, Gwalior, with
immediate effect, within a period of seven days from the date of receipt of a
certified copy of this order.
21. With the aforesaid, the present petition stands disposed of.
(ANAND SINGH BAHRAWAT)
JUDGE
vpn/-

Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 7/17/2026
6:17:56 AM