Candidates participating in a selection process without prior protest are estopped from challenging the selection criteria after an unfavourable outcome. Furthermore, state recruitment rules formulated under constitutional authority prevail over recommendatory central council guidelines concerning educational qualifications for public service posts.

JUDGMENT :

ANISH KUMAR GUPTA, J.

1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Syed Fahim Ahmed for the petitioner, Sri Avneesh Tripathi, learned counsel for the respondents no. 2 and 3, Sri Gaurav Singh, learned counsel appearing for the respondent no. 1 and Sri Utkarsh Singh holding brief of Sri Gautam Baghel, learned counsel for the respondent no. 4.

2. The instant petition has been initially filed by the petitioner seeking quashing of the order/recommendation dated 19.01.2022, whereby the U.P. Public Service Commission has recommended the name of respondent no. 4 for appointment to the post of Reader/Jaharat in Government Unani Medical Colleges and further, seeking a direction to the respondents to appoint the petitioner as the Reader/Jarahat (Surgical) being an eligible candidate, as she is having the post-graduate degree, which was a preferential qualification. Later, by way of an amendment, the petitioner has challenged the advertisement dated 24.09.2019, whereby the said post of Reader/Jarahat under U.P. AYUSH (Unani Department) was advertised as Item No. VIII, and also seeks a Writ of Quo Warranto against respondent no. 4, and also to the respondents not to permit respondent no. 4 to hold the post of Lecturer, Jarahat Department of the State Takmeel-Ut-Tib College & Hospital, Lucknow.

3. The briefly stated facts of the case are that on the requisition of the State Government, U.P. Public Service Commission, Prayagraj issued an Advertisement No. 2 of 2019-20, dated 24.09.2019, whereby one post of Reader/Jarahat in General Category was advertised to be filled-up on the basis of the conditions prescribed in the advertisement. Pursuant to the said advertisement, the petitioner herein has applied to the post, participated in the selection process and was also interviewed. However, she could not be selected and the respondent no. 1 was selected for the aforesaid post of Reader/Jarahat and her name was recommended vide impugned order dated 19.01.2022 by the U.P. Public Service Commission for appointment. The said advertisement prescribed the following eligibility conditions:-

“(viil) 01 (One) post of Reader Jarahat in Government Unani Medical Colleges of the State, (General recruitment), Deptt. No. S- 11/16, Nature of Post. Gazetted & Temporary, Reservation Unreserved, Pay Band- Rs. 15600-39100/-, Grade Pay 6600/- level-11 (According to 7th Pay Commission), Educational qualification Essential: (1) Five years degree in unani from a University established by law or five years degree from the Board of Indian medicine, Uttar Pradesh or any other state Board or faculty which is registrable Under the united Provinces Indian medicine Act, 1939. (2) Seven years teaching experience of the subject (Five years for a post-Graduate) In a recognized institution. (3) Working Knowledge of Hindi, English and Urdu or Arabic or Persian. Preferential: (1) Post--Graduate qualification from a recognized institution. (2) Research work andpublication of original papers and books. Preferential Qualification:-A candidate who has:- (i) Served in the Territorial Army for a minimum period of two years. or (ii) Obtain a "B" Certificate of National Cadet Corps, shall other things being equal, be given preference in the matter of direct recruitment. Age:-Minimum 28 years, maximum 45