RAKESH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners, before this Court, have challenged the selection process which has been initiated for the selection/appointment on the post of Veterinary Pharmacist in Animal Husbandry Department of Government of Uttarakhand. In Writ Petition No.815 (SS) of 2012, petitioners have challenged the advertisement dated 19th May, 2012 and in Writ Petition No.965 (SS) of 2012, petitioners have challenged Rule 7 (1) (b), as well as Rule 14 (5) of the Uttarakhand Veterinary Pharmacists Service (Amendment) Rules 2011 (from herein after referred to as "the Amended Rules of 2011"), under which such selection is being made. In Writ Petition No. 1091 (SS) of 2013, petitioner has challenged non -consideration of his candidature for the post of Veterinary Pharmacist pursuant to advertisement dated 19th May, 2012, on the ground that petitioner is having "Degree" in Veterinary Pharmacy and not a "Diploma" as provided in the Rules, but since Degree is higher qualification than a Diploma in the same stream, his candidature must also be considered. Since these matters are closely interlinked with each other, all of them are being heard and are decided by this judgment.

(2.) ALL the petitioners have passed Intermediate examination with Biology subject and thereafter have done a "Diploma in Veterinary Pharmacy" from "Janardan Rai Nagar Rajasthan Vidyapeeth University, Udaipur (Rajasthan).

(3.) WHEN the petitioners had approached this Court by way of filing the Writ Petition No. 815 (SS) of 2012, case of the petitioners was that under the Uttarakhand Veterinary Pharmacists Service Rules, 2010 (from herein after referred to as "the Rules of 2010"), following was the qualifications for appointment to the post of "Pharmacist" in Animal Husbandry Department. These are: