HARI OM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Bunch of writ petitions involves common questions of fact and law and have, therefore, been heard together. Writ Petition No. 6578 (S/S) of 2013 has been treated as leading case in the Bunch. Writ Petition No. 6651 (S/S) of 2013 is not related to the subject involved in the present Bunch of writ petitions and, therefore, Office is directed to delink Writ Petition No. 6651 (SS) of 2013.

(2.) WRIT Petition No. 6578 (S/S) of 2013 and other connected writ petitions, except Writ Petition No. 868 (S/S) of 2013, have been filed challenging the process of selection to the post of X -Ray Technicians initiated, inter alia, by invoking the Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002, as amended vide Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) (First Amendment) Rules, 2003, hereinafter referred to as "2002 Group ''C' Rules, as amended vide 2003 Amending Rules". Further prayer has been made in the writ petitions that batch -wise selection be made for filing up the vacancies of X -Ray Technicians by adopting the procedure that the candidates who pass out X -Ray Technician Diploma Course prior in time from U.P. State Medical Faculty, Lucknow be appointed first before appointing any subsequent batch pass out Out of this Bunch of writ petitions, Writ Petition No. 479 (S/S) of 2013 was filed by 24 petitioners praying for the following substantive relief: -

(3.) BEFORE the Writ Petition No. 479 (S/S) of 2013 and Writ Petition Nos. 658 (S/S) of 2013, 2078 (S/S) of 2013, 2732 (S/S) of 2013 and 3774 (S/S) of 2013 could be heard and decided another advertisement dated 15.10.2013 was issued notifying 287 posts of X -Ray Technicians for selection and recruitment. This advertisement dated 15.10.2013 has been challenged in Writ Petition No. 6578 (S/S) of 2013; Hari Om Singh and another Vs. State of U.P. and others, Writ Petition No. 6645 (S/S) of 2013; Ajay Kanaujiya Vs. State of U.P. and others with identical prayers. In order to avoid unnecessary repetition, the prayer clause of Writ Petition No. 6578 (S/S) of 2013, which has been treated as leading writ petition in the bunch of writ petitions, is being quoted below: -