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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 2802-2804 OF 2013

(Arising out of SLP(C) Nos. 30581-30583 of 2012)

Ramesh Chandra Shah and others

… Appellants

versus

Anil Joshi and others

… Respondents

J U D G M E N T

G.S. SINGHVI, J.

1.

Leave granted.

2.

In response to an advertisement issued by the Uttarakhand Board of

Technical Education (for short, ‘the Board’), which was published in the

newspaper “Amar Ujala” dated 5.5.2011, the appellants and the private

respondents submitted applications for the posts of Physiotherapist. All of them

appeared in the written test held on 25.9.2011. The appellants were declared

successful and they became entitled to be appointed against the advertised posts.

1

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JUDGMENT

3.

The private respondents, who failed to clear the test filed Civil Misc. Writ

Petition No.1625/2011 for quashing the advertisement and the process of selection.

They pleaded that the advertisement and the test conducted by the Board were

ultra vires the provisions of the Uttar Pradesh Medical Health and Family Welfare

Department Physiotherapist and Occupational Ther