JUDGMENT :

1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Rishabh Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondent No. 1, Sri Nipun Singh, learned counsel for the respondent No. 2 and Sri Avanish Mishra, learned counsel for the respondent No. 3.

2. This writ petition has been filed for the following relief :

A. Issue a writ order or direction in the nature of certiorari calling the respondents to produce the order of the State Government dated 13 December, 2017 referred in the order of the Joint Secretary U.P. Public Service Commission dated 21 December, 2017 and the Hon'ble Court may be pleased to quash the order of the State Government dated 13 December, 2017, the order of the Joint Secretary U.P. Public Service Commission dated 21 December, 2017 (Annexure-5) and all the further proceeding of selection on the post of Lecturer cum Statistician advertised by U.P. Public Service Commission by Advertisement No. 4/2014-2015 dated 17.3.2015 including interview of the said selection scheduled on 9th November, 2021.

B. Issue a writ order or direction in the nature of certiorari quashing the qualification prescribed by Medial Council of India now National Medical Commission (N.M.C.) by Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 for the post of Lecturer cum Statistician in the department of Community Medicine so far it requires the experience of 3 years as Tutor/Demonstrator/Resident/Registrar/Epidemiologist/Health Officer.

C. Issue a writ order or directions in the nature of mandamus commanding the respondents to say all selection proceeding including interview of the post of Lecturer Statistics advertised by U.P. Public Service Commission vide advertisement No. 4/2014-2015 dated 17.3.2015 during the pendency of the writ petition before the Hon'ble Court.

D. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

E. Award the cost of writ petition.

3. The submissions of learned counsel for the petitioner are as under :

(i) The qualification prescribed by the Medical Council of India for the post of Lecturer (Statistics) is non workable in as much as there shall be none who may have three years teaching experience from such recognized medical college as Resident/Registrar/Demonstrator/Tutor.

(ii) The respondents are neither adhering to the advertisement nor to the guidelines of the Medical Council of India in connection with the selection process for the post of Lecturer in Statistics, in-as-much as the prescribed qualification requiring for three years teaching experience as Resident/Registrar/Demonstrator/Tutor contractual basis is not workable and possible hence deserves to be set aside. Although, the petitioner also possesses the experience but it was acquired by him subsequent to the advertisement. The person who possess post graduate in Statistics, cannot possess the experience of Resident/Registrar/Demonstrator/Tutor, for which the qualification prescribed by the Medical Council of India is M.B.B.S. Therefore, a candidate cannot possess both the qualifications, namely, M.Sc. (Statistics) and M.B.B.S. The persons who have been short listed, do not possess the required qualification, as provided in the guidelines of the Medical Council of India and the advertisement, read with the qualification letter/impugned order dated 13.12.2017. Only the qualification as prescribed by the Medical Council of India can be made applicable for selection on the post of Lecturer (Statistics). Therefore, the persons short-listed and called for interview, cannot be selected in-as-much as they do not possess the required qualification, prescribed by Medical Council of India.

4. Sri Nipun Singh, learned counsel for the respondent No. 2 submits that interview has finally taken place