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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Shashi Bala – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. contractual appointment qualifications for petitioners (Para 1 , 2 , 3) |
| 2. arguments against eligibility and qualifications (Para 4 , 5 , 6 , 7 , 8) |
| 3. legal reasoning on regulatory qualifications (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. rule 8(b) upheld as not ultra vires (Para 15) |
| 5. writ petition dismissed (Para 16) |
Judgment :
Manoj Kumar Tiwari, J.
According to petitioners, they were given contractual appointment through outsourcing agency as Yoga Trainer in the Department of Ayurvedic and Unani Services between 2018 to 2020. All of them possess MA (Yoga) qualification, while some of them also possess PG Diploma, as stated in para 6 of the writ petition. Director, Ayurvedic and Unani Services, Uttarakhand issued an advertisement on 15.3.2024, inviting applications for appointment against 16 vacancies on the post of Ayurvedic Yog evam Prakritik Chikitsa Sahayak. As per Clause 3 of the advertisement, candidates possessing following qualifications alone would be eligible for appointment:
(a) Intermediate from Uttarakhand Education Board/U.P. Secondary Education Board or any qualification declared as equivalent thereto;
(b) One year diploma in Ayurvedic Yog evam Prakritik Chi
Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.
The State Government has the authority to set qualifications for Yoga Instructors under AYUSHMAN BHARAT, justifying the preference for BNYS Degree holders over other qualifications.
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
Qualifications for public service positions must be recognized by the relevant statutory authority and relevant to the job, as upheld by the court.
Eligibility for Ayurved medical officer posts requires full B.A.M.S. degree including 12-month compulsory internship completed by application cut-off; provisional registration valid only for internsh....
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