RAM SUKH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) At the very out set it may be mentioned that this matter had already been heard once and on the mention of the learned Counsel for the parties it was re-heard.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed by Dr. Ram Sukh Yadav in which he prays for a writ in the nature of mandamus commanding the respondents to appoint him on the post of Alopathic Medical Officer in Provincial Medical and Health Service Cadre in pursuance of the advertisement published on 21st December, 1991 by the Public Service Commission, Uttar Pradesh, respondent No. 2 and interview held on 10-8-1993.

(3.) The undisputed facts of the case are that applications were invited by respondent No. 2 from the eligible qualified candidates through an advertisement dated 21st December, 1991 for the recruitment on 2044 posts of the Medical Officers (male) in the P. M. H. S. Cadre of Uttar Pradesh, Qualifications which were prescribed under the aforesaid advertisement were a M. B. B. S. or equivalent degree with one year rotatory internship training. Out of 2044 posts, 306 posts were reserved for backward class candidates. The petitioner, who belongs to backward class category and possessed the minimum requisite qualifications also applied for the same. The applications of 290 candidates of backward class category were received by the commission out of which only 273 candidates were called for interview. The commission found only 206 candidates suitable from the backward class category. Consequently, it recommended only those 206 candidates for appointment. The name of the petitioner did not find place in the list of those 206 successful candidates.