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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Albina – Appellant
Versus
State Of U.P. – Respondent
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 perm
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
The court established that strict compliance with the qualifications outlined in public service advertisements is essential to uphold the principles of equality and non-arbitrariness under Articles 1....
The court established that amendments to recruitment rules can change the selection process, and the discretion of the recruiting agency in determining the method of selection is upheld unless found ....
The main legal point established in the judgment is that the selection process for the post of Ayurvedic Medical Officer must be in accordance with the prescribed procedure, fair-play, and justice, a....
Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
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