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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Deepak Joshi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Petitioners possess Diploma in Lab Technician Course, which makes them eligible for appointment as Lab Technician in Government Medical Colleges of Uttarakhand. Uttarakhand Medical Service Selection Board advertised 104 vacancies on the post of Lab Technician in different Government Medical Colleges, within the State vide notification dated 13.08.2021. Petitioners applied for the post of Lab Technician, pursuant to the said advertisement, however, they were declared unsuccessful in the selection. Now, they have approached this Court, challenging validity of Rule 8 of the applicable Recruitment Rules on the ground that Diploma Holders and Degree Holders were made to appear in the Common Written Examination for selection to the post of Lab Technician. They have also sought various other reliefs. The prayers made in the writ petition are extracted below for ready reference:
The State has the authority to determine qualifications and selection processes for recruitment, and a common examination for Diploma and Degree Holders does not violate Article 14 of the Constitutio....
Higher qualifications do not disqualify candidates from eligibility if the recruitment rules do not expressly prohibit them, and candidates are estopped from challenging criteria after participating ....
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
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