Dismissed

Pratibha Dubey v. State of U.P.

Allahabad HC6 Mar 2019WRIA/3086/2018

Case brief

AI extract

What is this about?

Writ petition challenging internship completion condition in Dental Surgeon advertisement. Court found disclaimer based on uncontested facts that degree was held after cut-off date, rendering challenge academic. Petition dismissed.

What did the court decide?

Writ petition dismissed as challenge to advertisement conditions was academic due to petitioner's ineligible status at cut-off date.

Pratibha Dubey Vs State of U.P. — Service and Employment | Allahabad HC (2019)

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Court No. - 6

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Case :- WRIT - A No. - 3086 of 2018

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Petitioner :- Pratibha Dubey Respondent :- State Of U.P. Counsel for Petitioner :- Ms Sucheta Pathak,Ashok Khare,Hare Ram,Mr Rajesh Mishra Counsel for Respondent :- C.S.C.,Mr M.N. Singh,Na/2012

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioners.

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This petition has been preferred seeking the following reliefs:

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“A. Issue a writ order in the nature of certiorari to call for the record of the case and declare the condition imposed by the respondent No. 2 and 3 in the advertisement dated 30.12.2017 for the post of dental surgeon mandating completion of internship by 07.02.2018 as ultra Virus and may also quash the same (Annexure No. to this writ petition).

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B. Issue a writ order or direction in the nature of mandamus directing the respondents to permit the petitioners to participate in the competitive exam for the post of Dental Surgeon as published on 30.12.2017 without imposing condition to submit internship completion certificate by 07.02.2018.”

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When this writ petition was initially entertained, a Division Bench of the Court had proceeded to pass the following order on 25 January 2018:-

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“Heard Sri Ashok Khare, Senior Counsel assisted by Sri Rajesh Mishra, learned counsel for the petitioner and Sri F.A. Ansari, learned counsel appearing for respondents no. 2 and 3.

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The petitioners have come up in the present writ petition with a prayer that the condition regarding the completion of internship by 07.02.2018 in the advertisement dated 30.12.2017 for the post of Dental Surgeon be struck off, and the petitioners be allowed to appear in the competitive examination for the post of Dental Surgeon.

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The case of the petitioners is that the petitioners have taken admission for the degree course namely Bachelor of Dental Surgery in the academic session 2011-12, and according to the roaster their degree could have been completed in the academic session 2015-16. The degree course of the petitioners have been completed in the academic session 2016-17 due to the internal arrangement of Dr. Bhimrao Ambedkar University, Agra. The petitioners were not at

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fault for delay in completion of course. The result of the petitioners have been declared by the University in the month of March 2017. After completing the B.D.S. course, the petitioners have joined one year internship in the College which would be completed by 31th March, 2018.

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The U.P. Public Service Commission, Allahabad issued an advertisement no. 2/2017-18 dated 30.12.2017 for the selection of the newly created 590 posts of Dental Surgeon under the Medical Health and Child Welfare U.P.

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The essential qualifications for the post of B.D.S. (Bachelor of Dental Surgery) prescribed in the advertisement are as follows:

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"Qualification - B.D.S. (Bachelor of Dental Surgery) degree from a recognized University or an equivalent qualification recognized by Indian Dental Council and Registration in the Dental Council of U.P.

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Preferential Qualification - .....................

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Important directions - In addition to this candidate must have completed one year rotatory internship till the last date of receipt of On-Line application form."

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Thus, the candidate must possess B.D.S. (Bachelor of Dental Surgery) and must complete one year rotatory internship on 07.02.2018, the last date for submission of form.

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The counsel for the petitioner has submitted that the condition regarding one year internship on the last date of receipt of On-Line application form is illegal and arbitrary, inasmuch as, the degree of B.D.S. course could be awarded only after one year internship is completed. He submits that if the two eligibility criteria namely possession of B.D.S. degree and completion of one year internship on the last date of receipt of On-Line application form are read together, the condition of completion of one year internship on the last date of receipt of On-Line application form is redundant. In other words, his submission is that the B.D.S. degree can be awarded only after completion of internship; and the one year internship would be complete on 31.03.2018. Thus, there is no purpose of inserting such a condition which cannot be fulfilled, and hence the cut off date regarding completion of one year rotatory internship as prescribed in the advertisement is arbitrary and has no purpose.

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The counsel for the Commission has submitted that the petitioners do not possess the qualification, i.e., Bachelor of Dental Surgery, as on the cut off date and therefore, they are not eligible for the post in question.

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In the light of the submission made by the counsel for the parties, we are of the opinion that the matter requires consideration.

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The respondent no. 1 is represented by learned Standing Counsel and respondent nos. 2 and 3 are represented by Sri F.A. Ansari.

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The counsel for the respondents are granted one week time to file counter affidavit. Thereafter, the petitioner is granted three days time for filing rejoinder affidavit.

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List on 05.02.2018.”

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However, on the undisputed position of facts, it is evident that the Commission had required all applicants to possess a Bachelor's degree in the subject of Dental Surgery granted by a recognised University or a qualification recognised as equivalent thereto by the Indian Dental Council. Before this Court, it is not disputed that although the result of the final year of the degree course insofar as the petitioners are concerned was declared in March 2017, they were further obliged to undergo a period of internship which would have completed on 31 March 2018. Learned counsel fairly concedes that the petitioners would have become entitled to the grant of a Bachelor's degree in Dental Surgery only upon completion of the internship period.

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As noticed above, the Internship was to come to an end on 31 January 2018. However, the advertisement shows that the last date for submission of applications was prescribed to be 7 February 2018. In view thereof, it is evident that the petitioners neither held nor could they be recognised to be possessed of a Bachelor's degree in Dental Surgery. In view of the aforesaid, the challenge which is laid to the particular stipulations carried in the advertisement is merely academic and need not be considered by this Court.

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The writ petition is consequently dismissed.

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Order Date :- 6.3.2019 LA/-

Pratibha Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pratibha Dubey v. State of U.P.

Case brief

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