ORDER

Date : 26-05-2022 Heard Mr. H. Ali, learned counsel for the petitioners. Also heard Mrs. A. Bora, learned counsel for the National Health Mission (NHM), which was earlier known as National Rural Health Mission (NRHM).

2. The 10 petitioners herein have prayed for setting aside the Advertisement dated 30.08.2016, which has invited applications for filling up 213 vacant posts of Pharmacist in the NHM. The grievance of the petitioners is that the petitioners had been selected for filling up the posts of Pharmacist in the NHM under the Rashtriya Bal Swasthya Karyakram (RBSK) Scheme on the basis of an earlier Advertisement dated 24.07.2013. Further, in terms of the order dated 09.03.2016 passed in WP(C) No. 3351/2015, the merit/waiting list prepared in pursuance to the Advertisement 24.07.2013, for appointment of Pharmacist under the Rashtriya Bal Swasthya Karyakram (RBSK) Scheme was to be exhausted, by filling up the vacant posts of Pharmacist therein. The petitioners case is that till the merit/waiting list made for filling up the post of Pharmacist under the RBSK Scheme is completed, the NHM could not have started the exercise for filling up the vacant posts of Pharmacist in the NHM.

3. Ms. A. Bora, learned counsel for the respondent Nos. 2 & 3 (NHM) submits that 7 out of the 10 writ petitioners have taken part in the selection process in pursuance to the Advertisement dated 30.08.2016. She submits that the petitioner Nos. 1, 3, 4, 6, 7, 8 & 10 had taken part in the selection process and the petitioner No. 1 had in fact been appointed to the post of Pharmacist in pursuance to the selection process undertaken in respect of the Advertisement dated 30.08.2016. She accordingly submits that the petitioners cannot be allowed to challenge the selection process made in pursuance to the Advertisement dated 30.08.2016, after having participated in the selection process.

4. I have heard the learned counsels for the parties.

5. On a perusal of the pleadings, the case of the petitioners is that pursuant to an Advertisement dated 24.07.2013 for filling up of vacant posts of Pharmacist under the RBSK Scheme in the erstwhile NRHM, which was later renamed as NHM, the respondents undertook a selection process. Thereafter, a select/waiting list was published in the year 2014, showing that 415 persons had been selected for the post of Pharmacist.

6. Out of the 415 selected persons, which included the petitioners, 290 persons were initially appointed as Pharmacist, keeping 125 persons in the merit/waiting list. Thereafter, another 12 persons were appointed from the merit/waiting list. As the State respondents were not giving appointment orders in respect of the remaining persons, who were in the merit/waiting list, the petitioners filed WP(C) No. 3351/2015, seeking a direction to be issued to the respondents to appoint them as Pharmacist, in view of their names being reflected in the waiting list in pursuant to the Advertisement dated 24.07.2013. WP(C) No. 3351/2015 was disposed of vide order dated 09.03.2016, with a direction being issued to the State respondents to utilize the select list/waiting list in order of merit, while filling up the vacant posts of Pharmacist in the NHM till exhaustion of the said list. This Court further held in its order dated 09.03.2016 that appointment of the petitioners would depend upon their merit position as appearing in the merit/waiting list.

Despite the order dated 09.03.2016 passed in WP(C) No. 3351/2015, the State respondents issued an Advertisement dated 30.08.2016, calling for applicants for filling up 213 posts of Pharmacist under the NHM. The petitioners herein being apprehensive that the vacant posts to which they were to be appointed in terms of the order dated 09.03.2016 passed in WP(C) No. 3351/2016 would be filled up, pursuant to the Advertisement dated 30.08.2016, have filed the present petition with 2 prayers. The first prayer of the petitioners is to set aside the Advertisement dated 30.08.2016 and