JAGADISH PRASAD BANERJEE Vs. STATE OF C G

JUDGEMENT

(1.) Heard on I. A. No. 02, application for permission to intervene in the instant petition.

(2.) The interveners are Assistant Medical Officer (Homeopathy). They are working with the State Government for the last 20 years. They have prayed for permission to intervene in the petition on the ground that they are eligible for appointment on the post of Medical Officer (Homeopathy) by way of promotion and having minimum qualification in accordance with the Madhya Pradesh Public Health (Indian System of Medicine and Homeopathy) (Gazetted) Service Recruitment Rules, 1987 (in short "Rules, 1987") and amended Rules, which are under challenge in this petition. The locus standi of the interveners is not disputed by learned Counsel appearing for the Petitioners. In these circumstances, the application (I.A. No. 02) is allowed and the interveners are permitted to intervene in the petition.

(3.) The Petitioners by the instant petition have prayed for issuance of a writ of mandamus commanding the Respondents to consider the cases of the Petitioners and if found suitable, they should also be promoted to the post of Medical Officer (Homeopathy) {in short "MO(H)"}. They have also prayed for issuance of a suitable writ/direction for declaring the amendment introduced at SI. No. 9 in Schedule-TV of the Rules, 1987 by virtue of Notification dated 23.7.2008 as ultra vires Articles 14 & 16 of the Constitution of India.