A.C. Upadhyay, J.

1. A fore noted writ petitions, which raised common questions of law structured on almost identical factual matrix, are taken up for analogous hearing, and are being disposed of by this common judgment.

2. The facts leading to filing of these writ petitions may be stated in brief as follows:

The Petitioners, who have passed 2 (two) years diploma course in Pharmacy from the recognized Institutes, are also having the basic qualification of Madhyamik or its equivalent examination. On the basis of the aforesaid qualifications the Petitioners have claimed vested right to be considered for appointment to the post of Pharmacist (Allopathy), under the Health & Family Welfare Department, Government of Tripura, in terms of the Recruitment Rules, as notified vide Notification No. F. 2 (3-22)-MS/Estt./89 dated 04.02.91 (Annexure 2 to the Writ Petition No. 125/07).

The Petitioners have also prayed to issue writ declaring that the Recruitment Rule for the Post of Pharmacist (Allopathy), Health & Family Welfare Department, published by notification No. F. 2 (1-151)-MS/Estt./2002 dated 30.02.04, are ultra-vires, unreasonable, illegal and volatile of Articles 14 and 16 of the Constitution of India.

3. The aforesaid recruitment rules dated 04.02.1991, framed in terms of the proviso to Article 309of the Constitution of India, laid down essential educational and other qualifications, for appointment to the post of Pharmacist (Allopathy), under the Health and Family Welfare Department Govt. of Tripura. It would be pertinent to reproduce herein below the previous Recruitment Rules of 1991, which specified different qualification for recruitment to the post of Pharmacists (Allopathy), under Health and Family Welfare Department, prior to coming into force of the 2004 Rules. The recruitment Rule of 1991 reads as follows:

No. F.2 (3-22)-MS/Estt/89

Govt. of Tripura

Health and Family Welfare Department

Dated Agartala 4.2.1991

NOTIFICATION

In exercise of powers conferred by the proviso to Article 309 of the Constitution of India, The Governor of Tripura has been pleased to make rules in the schedule hereto annexed, regarding the method of recruitment and qualifications necessary for appointment to the post of Pharmacist (Allopathy) under the Health and Family Welfare Department, Government of Tripura.

By order of the Governor

Sd/(N.G. Sinha)

Dy. Secretary to the Govt. of Tripura,

Agartala.

To

1. The Superintendent, Printing and Stationary Department, Govt. of Tripura, Agartala (Arundhutinagar) for publication in the Tripura Gazette in the next issue. He is requested to send 5 copies of the Gazette to this Doctorate (Estt. Section) after publication.

2. The Under Secretary, Appointment and Services Department, Government of Tripura for information.

SCHEDULE

Recruitment Rules for the post of Pharmacist (Allopathy), under the Health and Family Welfare Department, Government of Tripura.

1. Name of post: Pharmacist (Allopathy)

2 Number of post: 293 plus post created from time to

3. Classification :

Group-"C" Non Gazetted

4. Scale of pay: Rs. 1300-3220/-

5. Whether selection post or non-selection post: Selection post

6. Age limit for direct recruitment 35 years. Relaxable by 5 years in case of S. T. and S. C. candidates.

7. Educational and: other qualification prescribed for direct recruits. (i) Madhyamik or its equivalent examination passed. (ii) Diploma In Pharmacy (2 years) Course from any recognized Institute.

8. Whether age and educational qualifications prescribed for direct recruits will apply in case of promotions. Not applicable

9. Period of probation, if any. 2 (two) years.

10. Method of recruitment whether by direct recruitment or by promotion or by transfer and percentage of vacancies to be filled up by various methods.: Cent percent by direct recruitment

11. In case of recruitment by promotion/transfer, grade from which promotion to be made.: Does not arise

12. If D.P.C. exists, what is its composition Class III D. P. C.

13. Circumstances: in which TPSC i