SHEO NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) THE controversy centres round the selection made by the Public Service Commission for the Medical Officers of Homoeopathy. THE mode and manner of selection adopted by the Public Service Commission as also the select list impugned in all these cases, dated 24th February, 1994 has been questioned by all the petitioners in these three writ petitions. Since a common question has been raised, all these petitions have been heard together and are being disposed of by this common judgment.

(2.) IN pursuance of the advertisement dated 22nd March, 1984 and issuance of further corrigendum dated 14th November, 1987, 390 posts were advertised to be filled up by the Homoeopathic Medical Officers in the State of Uttar Pradesh. They were required to be filled up by recruitment made by the Uttar Pradesh Public Service Commission. Along with others, the petitioners were also the applicants and the interview was held on 23rd October, 1990. The appointments were to be made on the basis of oral interview as also the marks to be awarded on the qualifications of each candidate. These are undisputed facts in all these cases.

(3.) THE Uttar Pradesh Homoeopathic Medical Service Rules, 1990 was made in exercise of the power under Article 309 of the Constitution by the Governor of Uttar Pradesh, prior to the issuance of the advertisement dated 21.12.1991. At the time when the advertisement in question was made in 1986, these Rules had not been enacted although, it now appears that the clarification which is now appearing in the Rules of 1990 is in terms the same as the one inserted in the advertisement. THE advertisement of 1986 specifically mentioned that "the degree holders shall be preferred to Diploma holders, i.e., Diploma holders will be considered only when the Degree holders are not available in requisite number." In the second advertisement of 1989, it was mentioned : "Preference shall be given to those possessing Degree." In the advertisement of 1991 along with the same qualification as mentioned in the other advertisements, it was provided that preference will be given to the Degree holders. THE corrigendum issued on 14.11.87 did not change the preference clause rather it emphasized that the other terms and conditions shall continue to be the same.