UMA SHANKER YADAV Vs. STATE OF U P

JUDGEMENT

(1.) WHEN the writ petition was filed in the year 1997, the petitioners sought the following reliefs:

(2.) THE petitioners are the Dental Hygienists Certificate holders issued by the B.R.D. Medical College, Gorakhpur. They claimed that they took admission in the dental hygienists batch in the year 1989 which was two years course and passed the same from B.R.D. Medical College, Gorakhpur which is the State recognized Medical College. In the petition, it is contended that on 12.12.1995, in a meeting conducted under the Chairmanship of Secretary, Department of Medicines and Health, a decision has been taken regarding training of para medical staff. It was decided to provide training of dental hygienists to be imparted by six Government Government Colleges in batches of five dental hygienists each. The decision has also been taken to increase the seats in the Dental College, Lucknow from 10 to 30 and another meeting was chaired by the Secretary, Medicines and Health on 18.9.1986. For increasing the number of seats at the Dental Colleges, a Government Order dated 31.12.1986 was issued by the State Government whereby budgetary allocations were made for imparting instructions for study of dental hygienists in six Government Medical Colleges. In pursuance of the aforesaid decision, training of dental hygienists was commenced in all the six Medical Colleges, including Allahabad Medical College and Gorakhpur Medical College from the year 1987 and the first admission was made in the year 1987. The dental hygienists course was of two years. It is stated that papers relating to three petitioners were forwarded by their respective medical colleges to the State Dental Council, U.P., Lucknow for registration. However, no action whatsoever has been taken by the State Dental Council, U.P. Thereafter, the State Government has framed a rule named as the U.P. Dental Health Science and Dental Mechanics Service Rules, 1993 (hereinafter referred to as the "Rules 1993") in exercise of the power under Article 309 of the Constitution of India and the same has been published by means of the notification dated 13.7.1993. Rule 8 of the said Rules specifies the educational qualifications required for appointment. Under the said Rules, it is provided that the possession of a certificate/diploma in Dental Health or Dental Mechanics from a recognized institution as also registration with the State Dental Council, U.P. was a necessary pre condition for being considered for appointment.

(3.) IT appears that a fresh advertisement has been made on 15.12.2007 for the post of Dental Hygienists. In the said advertisement, again the same qualification was provided. The petitioners applied for the said post in pursuance of the said advertisement and moved an amendment application seeking further reliefs, referred hereinabove.