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2013 Supreme(All) 1874

SUDHIR AGARWAL
DOCTOR PRASAD YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.P. Yadav and R.K. Ojha for the Petitioner; C.S.C., C.S. Sharma, Rajeev Nayan Singh and Yogendra Kumar Srivastava for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of the Constitution has come up at the instance of Doctor Prasad Yadav, Son of Sri Laudhar. The petitioner, aggrieved by order dated 14.1.2011 passed by Director General, Medical Health Services, U.P. Lucknow (hereinafter referred to as “DGMH”) holding that those, who do not possess requisite qualification as prescribed in U.P. Pharmacists, Service Rules, 1980 (hereinafter referred to as “Rules, 1980”) and are not registered with U.P. Pharmacy Council, cannot be allowed to work as Pharmacist and therefore, petitioner, who was a Nursing Assistant, would be entitled for the post and pay scale applicable to that post only, has come up in this writ petition seeking a writ of certiorari for quashing the same. Another impugned order dated 15.1.2011 is an order passed as a consequence of the order dated 14.1.2011, by Chief Medical Officer, Mirzapur so as to give effect to the aforesaid order and also to make recovery of the amount paid to the petitioner.

2. The facts in brief giving rise to the present writ petition are as under:

3. The Chief Medical Officer, Mirzapur appointed petitioner, temporarily, as Nursing Assi




























































































































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