Mohit Kumar Vishnoi And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56787 
 
Court No. - 20
 
Case :- WRIT - A No. - 6356 of 2023
 
Petitioner :- Mohit Kumar Vishnoi And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And 2 Others
 
Counsel for Petitioner :- Alok Mishra
 
Counsel for Respondent :- C.S.C.,Gaurav Mehrotra
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioners, learned State Counsel appearing on behalf of opposite parties 1 and 2 and Mr. Utsav Misra, learned counsel for opposite party No.3, whose Power filed today is taken on record.

2. Petition has been filed seeking quashing of the advertisement dated 12th July, 2023 for the purposes of selection on the post of Optometrist in Medical and Health Department of the State. Further prayer is being made for providing weightage/ preference to petitioners on account of past services rendered by them on contract basis with the Department on the post of Optometrist since 2013 has also been sought along with other concomitant prayers.

3. The learned counsel for petitioners submits that a similar controversy has already been decided by means of the judgment and order dated 01.02.2013 passed in Writ Petition No. 190 (S/S) of 2013 (Seema Singh and others Vs. State of U.P. and others and other connected matters) in which the following directions have been issued :-

"The petitioners shall be considered for appointment on the post of Basic Health Worker (Female) taking into consideration their work and experience on the post of A.N.M. and by giving them relaxation in the qualification relating to training for the post in question provided the petitioners have obtained the training as per the prescribed qualification at that particular time."

4. The learned counsel for petitioners submits that the aforesaid judgment and order has subsequently been upheld in Special Appeal Defective No. 848 of 2013 (State of U.P. and others vs. Reena Kumari and others) which has also been upheld by the Hon'ble Supreme Court in S.L.P. No. 8302 of 2014. The learned counsel for the petitioners submits that a direction may be issued for consideration of petitioners in the light of aforesaid judgment.

5. In view of the innocuous prayer being made by the learned counsel for the petitioners and without entering into the merits of the case, liberty is granted to petitioners to make a fresh representation to the opposite party no.1 i.e. Principal Secretary, Department of Medical, Health & Family Welfare, Civil Secretariat, U.P., Lucknow with regard to their grievances which shall be considered and decided in the light of judgment rendered by this Court in Writ Petition No. 190 (S/S) of 2013 (Seema Singh and others Vs. State of U.P. and others and other connected matters), in case they are applicable, by a reasoned and speaking order, within a period of three weeks from the date of submission of representation along with certified copy of this order.

6. With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 25.8.2023

Arnima