AJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition the petitioner has challenged the appointment of respondent No. 5 on the post of X- ray Technician by order dated 21st November, 2007 passed by the Principal, Maharani Luxmi Bai Medical College, Jhansi (hereinafter referred to as "the College"). The other orders impugned in the writ petition are dated 23rd April, 2008 passed by the Principal of the College rejecting petitioner's representation observing that he did not possess the requisite qualification for appointment on the post of X-ray Technician and the letter dated 12.11.2007 issued by the Director General, Medical Education and Training, U.P. Lucknow permitting the Principal of the College to appoint a person having experience in Radiotherapy on the post of X-ray Technician.

(2.) IT is contended that by advertisement, (Annexure 1 and 2 to the writ petition) dated 27th August, 2007, the post of X-ray Technician in the scale of 4500-7000 was advertised. The requisite qualification mentioned in the advertisement, for the said post, is: <IMG>JUDGEMENT_583_ADJ3_2011Image1.jpg</IMG>

(3.) IT is thus evident that though the post of "X-ray Technician" was advertised on 27th August, 2007 but later on during the course of selection, the Principal on his letter dated 7.11.2007 was permitted to deviate from the terms of advertisement and fill in the post of X-ray Technician by a person having experience in Radiotherapy. This permission was granted by Director General. Besides the question as to whether respondent No. 5 possess requisite qualification for appointment on the post of X-ray Technician and whether the conditions as mentioned in the advertisement can unilaterally be changed the eligibility condition in its entirety by the authorities concerned one more question up for consideration in this case and whether the Director General has any such power to alter the qualification prescribed for a particular post and all these questions will ultimately answer the ultimate issue whether the selection impugned in this writ petition has been validly made.