Allahabad High Court
Parshuram Gautam And 2 Others vs State Of U.P. Thru. Prin. Secy. Medical ... on 12 November, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:74687
Court No. - 6
Case :- WRIT - A No. - 10424 of 2024
Petitioner :- Parshuram Gautam And 2 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Services U.P. Lko. And 3 Others
Counsel for Petitioner :- Ajai Krishna Yadav,Mansha Shukla,Vivek Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard learned counsel for the parties.
2. In the present writ petition the petitioners have prayed for a direction to the respondents to consider the appointment of the petitioners as Pharmacist (Allopathic) in the State of U.P. on the basis of merit irrespective of their batch year in accordance with the manner indicated and directions issued by Hon'ble Apex Court vide order dated 3.8.2010 passed in SLP (C) No.20558 of 2009 and orders dated 27.3.2012, 14.8.2012 and 27.11.2012 passed in Contempt Petition No.347 of 2010.
3. It has been submitted that the petitioners obtained diploma in Pharmacy and got themselves registered with U.P. Pharmacy Council on 22.10.2003, 19.9.2006 and 19.9.2006 respectively. Accordingly, they claim that they should have been considered and appointed on the post of Pharmacist by State of U.P. It is further submitted that according to Uttar Pradesh Pharmacists Service Rules, 1980 and as per Rule 15 sub rule 2 selection committee has to prepare the list of candidates in order of merit, based on marks obtained by them in diploma examination.
4. It is stated that the controversy was initially decided by a coordinate Bench of this Court in the case of Sunil Kumar Rai and others Vs. State of U.P. and others in Writ Petition No.7699 (S/S) of 2007 which held that selection has to be advertised as per the provisions of Rule 15 (2) of the Rules of 1980 on the basis of the marks obtained in Pharmacy Diploma Examination, irrespective of the year in which candidate has appeared in Diploma Examination.
5. An appeal was preferred before Division Bench which was decided on 4.5.2009 where it was held that the cases for appointment shall be considered in accordance with pre-existing practice for considering their appointment on the basis of their merit taking their batches into consideration as was being done earlier but this process would be available for the appellants and they would be accommodated if they are otherwise found eligible and the remaining vacancies would be filled in by following Rule 15 (2) strictly as directed by the Single Judge.
6. According to the petitioners, the matter traveled upto the Supreme Court and was decided in the case of State of Uttar Pradesh and another VS. Santosh Kumar Mishra and another, (2010) 9 Supreme Court Cases 52 where the judgment of the Division Bench was upheld.
7. It is in aforesaid circumstances that it has been submitted that the petitioners have right to be considered for appointment on the post of Pharmacist irrespective of the batches on the basis of merit list.
8. After arguing the matter at some length, learned counsel for the petitioners submits that the petitioners have represented to opposite party No.2 which is pending and their grievances shall be substantially redressed in case opposite party No.2 is directed to consider and decide the same, expeditiously.
9. Learned Standing counsel doe snot oppose the prayer made by the petitioner.s
10. Accordingly, the petition is disposed of with a direction to opposite party No.2 to consider and decide the representations dated 4.9.2024, 3.9.2024 and 3.9.2024, as contained in Annexure No.10 to the writ petition, expeditiously, say within a period of two months from the date a certified copy of this order is placed before him in accordance with law and communicate the decision to the petitioners.
(Alok Mathur, J.)
Order Date :- 12.11.2024
RKM.
