The approval of maximum marks of the interview by the Government subsequent to the selection fulfilled the condition of Rule 8(1) of the Rules of 2015, and the selection was held in accordance with the rules.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Rakesh Kumar Singh & Shri Pramendra Kumar Singh, learned counsels for the petitioners, learned Standing Counsel for respondents no.1 and 2, Shri Gaurav Mehrotra, learned counsel for respondent no.3 and Shri Sameer Kalia, learned counsel appearing for respondents no.6, 8, 9 and 10. Shri Prafulla Tiwari, learned counsel appearing on behalf of some of the private respondents submitted that he has instructions not to appear and argue on their behalf.

2. By means of the instant writ petition, the petitioners have approached this Court challenging the select list dated 17.05.2016 issued by the Uttar Pradesh Subordinate Services Selection Commission (here-in-after referred as UPSSSC)/opposite party no.3, which has been issued after selection in pursuance of the advertisement no.14/15 dated 03.09.2015. A further prayer has been made for a direction to the opposite party no.3 for re-selection for the post of X-Ray Technician in accordance with law.

3. The brief facts of the case, as culled out from the pleadings on record, are that the opposite party no.3 issued the advertisement no.14/15 on 03.09.2015 for various posts including the post of X-Ray Technician under the Director, Medical and Health, U.P., Lucknow. The total number of posts advertised were 403. The mode of selection on the post of X-Ray Technician was interview. It was also provided in the advertisement that the marks of the interview would be fixed with the approval of the State Government in accordance with the notification dated 11.05.2015, by which the Uttar Pradesh Group-C Direct recruitment (Mode and Procedure) Rules-2015 (here-in-after referred as Rules of 2015) were notified. In pursuance thereof the selection has been held after holding interview, in which the petitioners had also participated, however they could not get the place in select list issued by the UPSSSC, which is impugned in the present writ petition.

4. Learned counsel for the petitioner submitted that the selection for the post in question of X-Ray Technician has been held in violation of Rule 8 (1) of the Rules of 2015 without fixing and disclosing the marks of interview with the approval of the Government. The interviews were held in hurried manner. The interviews were held w.e.f. 06.05.2016 to 14.05.2016, thereafter 15.05.2016 and 16.05.2016 were Saturday and Sunday and the result was declared on 17.05.2016. After filing of the instant petition by the petitioners on 18.05.2016, appointment letters were issued on 01.06.2016 but the approval of marks of interview in terms of Rule 8 (1) of the Rule of 2015 has been granted by the State Government on 10.06.2016. Therefore, the whole selection vitiates as the interviews have been held and the selection has been held without approval of marks of the interview by the Government in violation of the aforesaid rule. Thus, the selection can not be allowed to continue and the select list is liable to be quashed by this Court with a direction to the respondent no.2 and 3 to make re-selection for the post of X-Ray Technician in accordance with law.

5. Learned counsel for the respondent no.3 submitted that the present writ petition, on behalf of the petitioners, who had participated in the selection without any demur and are unsuccessful, is not maintainable. He further submitted that Rule 8 (1) of the Rules of 2015 only prescribes that the marks of written examination/interview and rules relating thereof shall be such as prescribed by the Commission from time to time with the approval of the Government. The UPSSSC fixed the maximum marks of interview as 20, in its meeting held on 03.02.2016, which were sent to the Government for approval on 05.02.2016 and thereafter the selection proceeded in view of the request of the department through letter dated 19.08.2015 for selection with utmost expedition and the selection was made in accordance with the marks fixed by the UPSSSC and the maximum marks fixed by the Commission has