YOGENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners seek a writ of mandamus commanding the respondents to issue appointment letter to the petitioners as Homoeopathic Medical Officers. THE version of the petitioners is that they have obtained Bachelor's Degree in Homoeopathic known as B. H. M. S. after completing 5 years course provided by Medical Council of India and had gone one year's compulsory routine internship after passing B. H. M. S. Degree in the Government Hospital and Public Health Centre or the Government Homoeopathic College duly recognised by the State of Uttar Pradesh for the award of Degree of B. H. M. S. THEy are duly registered with the Homeopathic Medicine Board. THE Uttar Pradesh Public Service Commission (in short the Commission) vide advertisement No. 10/88-89 dated 8-4-1989 invited applications on behalf of the State of U. P. for selection and recruitment to 80 posts of Homoeopathic Medical Officers for Government Homoeopathic Hospitals of Uttar Pradesh. THE petitioners applied for the said posts. THE Commission held selection. THE selection to the post of Homoeopathic Medical Officers was to be made by the Respondent No. 3 solely on the basis of interview consisting of 100 marks by a duly constituted Selection Committee and no written test was prescribed nor any marks were to be allotted to the educational qualifications of the candidates or in respect of other additional qualifications etc. THE petitioners were directed to appear in the interview before the Commission alongwith the original testimonials and other certificates regarding their educational qualifications and experiences etc. THE petitioners appeared in interview alongwith their testimonials and certificates regarding their educational qualifications.

(2.) THE grievance of the petitioner is that after interview nothing was heard by the petitioners and no notice or intimation was given regarding the selection. THE}' come to know about the final selection for the first time on 18-12-1996 in which one of the candidates namely, Dr. Ashok Kumar, who was Diploma-holder in Homoeopathic was selected in preference of the petitioners.