ASHOK KUMAR PRAJAPATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri S.K. Mishra learned Standing Counsel and Sri Siddharth Singhal who appears for the respondent-Commission.

(2.) This petition has been preferred seeking the following reliefs:-

(3.) The essential challenge to the recruitment process initiated by the respondents for appointment as Pharmacist (Homoeopathy) is in the following terms. According to the petitioner prior to 2017, appointments to the aforesaid post were made on the basis of an interview. Subsequently the recruitment rules came to be amended in 2017 and selection under those amended rules is contemplated to be made by way of a written examination. The submission of learned counsel was that all those vacancies which came into existence prior to 2017 would be governed by the unamended rules and that consequently the procedure as adopted by the Commission would not sustain. The submission essentially proceeds on the basis of the decision of the Supreme Court rendered in Y.V. Rangaiah And Ors. v. J. Sreenivasa Rao And Ors. [ AIR 1983 SC 852].