SHYAM BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, learned counsel for petitioners and learned Standing Counsel for respondents.

(2.) Petitioners, who have obtained a training certificate of Dental Hygienist, have invoked this Court's jurisdiction under Article 226 so as to challenge vires of Rule 8 of U.P. Dant Swasthya Vigyani Aur Dant Mechanic Sewa Niyamawali, 1993 (hereinafter referred to as "Rules, 1993") with a further direction that the respondents be directed to allow petitioners to participate in the selection process for appointment to the post of "Dental Hygienist" for which an advertisement has been published on 8.1.2013.

(3.) The Rules, 1993 contain provisions relating to recruitment and conditions of services of "Dental Hygienist" and "Dental Mechanic", constituting Group-C services in the State of U.P. In view of Rule 5, recruitment is confined to open market direct recruitment. Rule 8 provides qualifications which reads as under: