(1.) Since the Hon'ble Division Bench comprising of Hon'ble Mr. Justice N.Kotiswar Singh, the then Acting Chief Justice and the Hon'ble Mr. Justice Kh.Nobin Singh, vide judgment dated 16.11.2017 in W.P.(C) No.721 of 2016, expressed differing views, the matter has been placed before me.
(2.) The writ petition has been filed by the petitioner to set aside the impugned Recruitment Rules in respect of the post of Scientific Assistant (Toxicology) and also impugned advertisement in respect of the said post, as the same violate the well established principle of law and to direct the respondents to initiate the process for appointment to the post of Scientific Assistant after the qualification of M.Sc. (Toxicology) is incorporated in the essential qualifications and to exclude other unrelated subjects from the rules such as Chemistry/Biochemistry etc. and further amend the rules in such a way so as to include other subjects as well in the relevant recruitment rules.
(3.) The writ petition was earlier listed before the Division Bench comprising the then Hon'ble Acting Chief Justice and Hon'ble Mr. justice Kh.Nobin Singh. By the judgment dated 6.11.2017, the Hon'ble Mr. Justice Kh. Nobin, dismissed the writ petition and the operative portion of the judgment reads thus: