The main legal point established in the judgment is the application of judicial discipline and the binding nature of decisions by coordinate benches, upholding the legality of the advertisements and the PET examination.

JUDGMENT :

1. Heard Sri Alok Mishra, learned counsel for the petitioner, Sri Gaurava Mehrotra, learned counsel for the respondent, Sri Utsav Mishra, learned counsel for the Uttar Pradesh Subordinate Service Selection Commission and Ms. Shagun Srivastava, learned State Law Officer.

2. The petitioners in the present bunch of petitions claims to have been working on the post of Health Worker (female)/ANM (Auxiliary Nurse Midwife) in different districts of the state of Uttar Pradesh on contract basis and have sought to challenge the legality & validity of the Government order dated 20.11.2020, to the extent it grants approval to the Uttar Pradesh Subordinate Services Selection Commission for holding two-level/phase examination system for Group "C" post including the post of Health Worker (female).

3. A challenge has been sought to be laid to the advertisement dated 25-05-2021, whereby a Preliminary Eligibility Test (PET) has been conducted for all those desirous candidates seeking employment in any Group "C" Post in the state of Uttar Pradesh. A further challenge is also made to the advertisement dated 15-12-2021, whereby only those candidates had been found to be eligible for applying for the main examination for the post of Health Worker (Female), who had earlier appeared in the PET.

4. Suffice to say, the Petitioners have filed the present writ petition praying for the following reliefs:

(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned advertisements dated 25.5.2021 and 15.12.2021 issued by the opposite party no. 3, contained as Annexure Nos. 1 & 2 respectively to this writ petition, to the extent the same pertains to the selection of Health Worker (Female).

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the impugned advertisements dated 25.5.2021 and 15.12.2021 issued by the opposite party no. 3, contained as Annexure Nos. 1 & 2 respectively to this writ petition, to the extent the same pertains to the selection of Health Worker (Female);

(iii) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.8.2021 as well as the impugned Government order dated 20.11.2020, to the extent it grants approval to the Commission for holding two-level/phase examination system for Group-C post, issued by the opposite party no. 1 i.e. the State Government, contained as Annexure Nos. 3 & 4 respectively to this writ petition.

(iv) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the impugned order dated 10.8.2021 as well as the impugned Government order dated 20.11.2020 to the extent it grants approval to the Commission for holding two-level/phase examination system for Group-C post, issued by the opposite party no. 1 i.e. the State Government, contained as Annexure Nos. 3 & 4 respectively to this writ petition.

(v) Or in the alternative, to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to permit the petitioners to appear in written test in pursuance of the impugned advertisement dated 15.12.2021 for the main examination for the post of Health Worker (Female) keeping in view the letter of the State Government dated 7.7.2021, contained as Annexure No. 11 to this writ petition, and ignoring the impugned order dated 10.8.2021 issued by the State Government, contained as Annexure No. 3 to this writ petition.

(vi) to pass such other or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in favour of the petitioners.

(vii) allow the writ petition with the costs in favour of the petitioners.

5. It is the case of the petitioners that the said PET being conducted by the Uttar Pradesh Subordinate Services Selection Commission is in complete violation of the Uttar Pradesh Medical Health and Family Welfare Department, Health workers and He