ANIL JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Sandeep Kothari. Advocate for the petitioners, Mr. P.C. Bisht, Brief Holder for the State of Uttarakhand and Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Alok Mehra, Advocate for respondent Nos. 4 to 43. The petitioners before this Court, by means of the above writ petition, have sought a writ of certiorari for quashing the advertisement dated 4.5.2011 which was, inter alia, for the recruitment to the post of Physiotherapists in the department of Medical Health and Family Welfare Uttarakhand, and also for quashing of the subsequent proceedings including the result dated 2.11.2011 issued by respondent No. 3 by which certain persons have been selected on the post of physiotherapists in the State of Uttarakhand. The petitioners have also impleaded as respondent Nos. 4 to 43 the selected candidates to the post of physiotherapists-a selection which stands challenged in the writ petition.

(2.) In the year 2009, respondent No. 2 i.e. Director General of Medical Health and Family Welfare, Government of Uttarakhand issued an advertisement calling applications from the eligible candidates for recruitment to the post of physiotherapists. The advertisement clearly stated that the recruitment to the post of physiotherapists shall be done in accordance to the provisions made in Government Order dated 4.8.2008. On 4.8.2008 the earlier rules, namely, U.P. Medical Health and Family Welfare Department Physiotherapist and Occupational Therapist Service Rules, 1998 stood amended. At this juncture it must be stated that the recruitment and appointment of physiotherapists in Uttarakhand as well in the erstwhile State of Uttar Pradesh were earlier done under the rules known as U.P. (Outside the purview of the Public Service Commission) Direct Recruitment Rules, 1998. Rule 15 of the said Rules reads as under:

(3.) It must be stated that the recruitment for the post of Physiotherapist was earlier also done under the general rule pertaining to direct recruitment of Group 'C' posts. All the same, this rule stood amended on 4.8.2008 in the State of Uttarakhand and instead of Rule 15 (as referred above) the following Rule was substituted: