SATYAPAL SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner applied for being appointed as Ayurvedic Medical Officer pursuant to Advertisement issued in July, 2009 (Annexure No. 2). Interview was held. Petitioner has completed BAMS from Kanpur University and enrolled himself with the Indian Medical Council, Uttarakhand. Petitioner was not selected. Petitioner was informed under the Right to Information Act that the cut off percentage for common Uttarakhand candidates and of states outside Uttarakhand Ayurvedic Doctors is 50% and that of the petitioner is 43.44%. According to the petitioner, the method of calculation is wrong and the petitioner ought to have been given 52.893%. Petitioner challenged the same in a writ petition, which was dismissed. Thereafter, petitioner preferred a Special Leave Petition before the Apex Court. The Apex Court disposed of the matter by directing the authorities to consider the claim of the petitioner on the basis of the combined result of the main examination as well as supplementary examination treating the marks as 764 out of 1300 instead of 696 marks out of 1300. The said order resulted in order dated 16.05.2014 (Annexure No. 1) being passed. Therein, the authorities have taken the marks as 764. We need only refer to paragraphs 3 & 4 of the said order, which read as follows (English version):

(2.) Feeling aggrieved, the said order is challenged before this Court. Petitioner also seeks a direction to appoint him as Medical Officer, Ayurvedic, on contract basis in pursuance of the Advertisement.

(3.) We have heard the learned counsel for the petitioner and the learned Standing Counsel for the State.