The Allahabad High Court has observed that disputes relating to the appointment of a Head of Department in a medical college essentially involve examination of qualifications and are best left to the expert bodies of the institution.
Emphasising judicial restraint in such matters, the Court remarked, “The Courts are generally reluctant to interfere in such matters as the expert Body of the Institutions are the best possible guides to look into all these issues.”
The Court directed that till the expiry of three weeks or till a decision is taken on the show-cause notice, whichever is earlier, the petitioner shall continue to function as Head of the Department of Microbiology.
The order was passed by Justice Kunal Ravi Singh while disposing of a petition filed by Dr. Shagufta Khatoon. She had sought quashing of the show-cause notices dated May 25, 26 and 27, 2026, and prayed that she be allowed to continue functioning as Head of the Department of Microbiology at Madhav Prasad Tripathi Medical College/Autonomous State Medical College, District Siddharth Nagar.
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According to the case, the college authorities had directed the petitioner to hand over charge of the department to Dr. Amit Kumar Singh following his appointment.
Alleging that she had failed to comply with the orders of the competent authority, the administration issued show-cause notices proposing disciplinary proceedings and the penalty of censure under the U.P. Government Servant (Discipline and Appeal) Rules, 1999, treating her conduct as insubordination and misconduct under the relevant service rules.
In her reply, Dr. Shagufta Khatoon contended that Dr. Amit Kumar Singh did not possess the requisite qualifications prescribed by the National Medical Commission for the post of Head of Department, and, therefore, she was under no obligation to hand over the charge.
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She apprehended that despite the pendency of her reply, she could be forcibly removed from the post.
During the hearing, counsel appearing for the National Medical Commission submitted that the Regulation 6 of Teachers’ Eligibility Qualification in Medical Institutions Regulations, 2025 govern appointments in medical colleges.
It was further clarified that the Commission has no jurisdiction over the internal functioning of the institution and that the issue ought to be decided by the college authorities themselves.
After considering the rival submissions, the High Court noted that the petitioner had already submitted her reply to the show-cause notices and held,
“Since the matter is essentially with regard to appointment of a teacher as the Head of Department of Microbiology, which is governed by the Medical Institution Regulations, 2025 issued by the National Medical Commission, the issue, as to who would be the Head of Department, is essentially an issue regarding examination of the qualifications which can be best be adjudicated by an expert Body i.e. College.”
The Court further observed that,
“It would be appropriate that the reply be considered and a final decision taken by the college as to whether respondent no. 5 is eligible to hold the post of Head of Department of the Department of Microbiology.”
Accordingly, it directed the competent authority to decide the petitioner’s reply expeditiously, preferably within three weeks from the date of production of a certified copy of the order after affording due opportunity of hearing to all concerned parties.
The Court added that once such a decision is taken, all consequential actions shall follow in accordance with the same.
Case: Dr Shagufta Khatoon vs State of U.P. and 4 Others
Case No: Writ – A No. – 8945 of 2026
Date of Order: 19.06.2026
Status: Disposed of
