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2023 Supreme(Online)(UT) 2740

HIGH COURT OF UTTARAKHAND
Shri Justice Manoj Kumar Tiwari, J
Mohan Lal Bhatt – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Amar Murti Shukla, Mr. Anand Singh Mer, Mr. Vinay Kumar, Mr. K.K. Harbola, Advocate holding brief of Mr. Bhagwat Mehra
For the Respondents: Mr. Narain Dutt, Mr. Ramji Srivastava, Mr. Shivanand Bhatt, Mr. Sandeep Tiwari

Table of Content
1. amendment in rules affecting eligibility. (Para 3 , 4 , 5)
2. candidates' claims to selection process rights. (Para 6 , 7 , 8)
3. court's reasoning on selection criteria changes. (Para 9 , 10 , 19)
4. subjective interpretation of recruitment rules. (Para 14 , 17 , 23)
5. final ruling allowing government discretion. (Para 28)

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 expe

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