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2023 Supreme(UK) 317

MANOJ KUMAR TIWARI
Mohan Lal Bhatt – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Amar Murti Shukla, Mr. Anand Singh Mer, Mr. Vinay Kumar, Advocates with Mr. K.K. Harbola, Advocate, holding brief of Mr. Bhagwat Mehra, Advocate
For the Respondent:Mr. Narain Dutt, Mr. Ramji Srivastava, Mr. Shivanand Bhatt and Mr. Sandeep Tiwari, Advocates

JUDGMENT :

Heard learned counsel for the parties.

2. Since common questions of law and facts are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However for the sake of brevity, facts of Writ Petition (S/S) No.338 of 2022 alone are being considered and discussed.

3. Petitioner responded to an advertisement dated 13.10.2021 issued by Uttarakhand Medical Service Selection Board (respondent no. 3), whereby applications were invited for appointment to 306 posts in Technician cadre in Government Medical Colleges. The said advertisement was issued in terms of the Recruitment Rules notified on 13.04.2020, in which one of the condition of eligibility was two years experience in the related field, from an Institute recognised by State Government.

4. However, the requirement of having two years experience in the related field from a Government recognised Institute, was done away with by an amendment in the Recruitment Rules made vide notification dated 29.11.2021 and instead, it was provided that one should have completed internship in the related field.

5. Copy of the amended Rules was sent by the Appointing Authority to the Select

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