HIMANSHU JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The delay of 43 days in preferring this appeal is not opposed by Mr. S.S. Chaudhary, learned Brief Holder for the State Government and Mr. Rakesh Thapliyal, learned counsel for the third respondent, and the delay is, therefore, condoned.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 47 of 2019 dtd. 10/1/2019.

(3.) The appellants-writ petitioners, who hold a Bachelors Degree in Occupational Therapy (a 4- 1/2 years' course conducted by the Sushila Tiwari Government Hospital, Haldwani), submitted their applications pursuant to the advertisement issued by the third respondent on 8/2/2014 for appointment to the posts of Occupational Therapist. On the ground that no steps were taken by the respondents to fill up the said post, or even to continue with the process of selection, the appellants-writ petitioners invoked the jurisdiction of this Court seeking a mandamus directing the respondents not to abolish the post of Occupational Therapist, and not to merge the vacancies in the said post with the posts of physiotherapists; and for a mandamus commanding the respondents to conduct the examination to the post of Occupational Therapist pursuant to the advertisement dtd. 8/2/2014.