STATE OF UP Vs. SANTOSH KUMAR MISHRA

JUDGEMENT

(1.) The same criteria differently applied at two different points of time leading to different results and consequences, is the problem we are faced with in these Special Leave Petitions. The same principles which were applied in the case of the Respondents to deny them the benefit of appointment, were not given effect to when it came to their turn to get the benefit thereof.

(2.) In order to appreciate this unusual situation, it is necessary to relate some of the relevant facts of these cases.

(3.) The Respondents have passed the diploma course in Pharmacy from different institutions which have been recognized by the Pharmacy Council of India and are also registered with the State Pharmacy Council of U.P. Their claim is for selection and appointment to the post of Pharmacist, which is governed by the , hereinafter referred to as the '1980 Rules'. According to them, under Rule 15(2) of the 1980 Rules, all diploma holders were required to be appointed against the vacancies which became available in each recruitment year by first appointing those Pharmacists who had obtained their diplomas earlier.