JUDGMENT

G.S. Singhvi, J.:-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.

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 Therapist Service Rules, 1998 (hereinafter described as ‘the Special Rules’).

4. In the counter affidavit filed by the official respondents, it was averred that the selection was made in accordance with the Uttarakhand Procedure for Direct Recruitment for Group “C” Posts (Outside the purview of the Uttarakhand Public Service Commission)