AKHILESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri R.K. Ojha, assisted by Shri Arun Kumar Mishra for the petitioners. Shri Zafar Naiyer, Additional Advocate General assisted by Shri Ravi Shanker Prasad appears for the State respondents. Shri V.P. Varshney appears for UP Public Service Commission.

(2.) By these writ petitions the petitioners have prayed for declaring the Appendix-B, fixing minimum qualifications as per Rule-8 of the U.P. State Homeopathic Education Medical Colleges Regulations, 1990, as ultra vires to the Homeopathy (Minimum Standards of Education) Regulations, 1983, as amended in 2002, published in Extraordinary Gazette dated 12th September, 2002, and further to accept application forms of the petitioners for the post of Lecturers in pursuance to the Advertisement No. 3/2010-11 dated 1.10.2010, and the Advertisement No. 2/2011-12 dated 6.12.2011 published by the U.P. Public Service Commission, in so far as the qualifications for the posts of Lecturers, Readers and Professors in Government Homeopathic Medical Colleges are concerned.

(3.) It is admitted that the petitioners are not eligible to apply as they do not possess the requisite experience for the post of Lecturer and Reader as prescribed under the U.P. State Homeopathic Medical Colleges Teachers' Service Rules, 1990. They claim to possess the higher qualification, namely the Post Graduate degree in Homeopathy as against the prescribed qualifications of recognised Diploma and Degree in Homeopathy. The petitioners apprehend that they will be disqualified as they do not have the teaching experience prescribed under the Rules of 1990, which provide that for the post of lecturer, the candidates should have three years' teaching experience as Demonstrator, and for the post of reader, the candidates should have seven years' teaching experience in as Lecturer or four years' experience as Principal of the Private Homeopathy Medical Colleges.