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2023 Supreme(All) 1989

SUNITA AGARWAL, VIKAS BUDHWAR
Mission Director National Health Mission – Appellant
Versus
Rahul Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranjal Mehrotra
For the Respondent: Vinod Kumar

JUDGMENT :

Heard Sri Pranjal Mehrotra learned counsel for the appellant as well as Sri Vinod Kumar learned counsel for the respondents/writ petitioners.

2. This intra-Court appeal is against the judgment and the order dated 2.12.2022 passed in Writ A No. 15830 of 2022 (Rahul Kumar v. State of U.P. and others) whereby the writ petition of the writ petitioner was allowed. The case of the writ petitioner before the learned Single Judge was that an advertisement was published on 22.6.2021 for recruitment on the post of Community Health Officers (in short 'CCHN') for as many as 2,800 vacancies. As per the advertisement, the tentative dates for filling of online application form was 30.6.2021 and the closure of online application form was 20.7.2021. The writ petitioner claiming himself to be fully eligible and qualified in all respects applied in pursuance of the said advertisement under OBC category. On the basis of disclosure made in the application form submitted online, the writ petitioner was subjected to written examination, pursuant to which a final result of selected candidates were declared on 23.1.2021, however, the name of the writ petitioner found missing. It is the case of the

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