ITC dismissed the writ petition seeking quashing of an advertisement and appointment on the post of Ayurvedic Pharmacists. The Court held that new statutory Rules, 2023 supersede the earlier Rules, 1980 and Government Order 2014.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:22301
Court No. - 18
Case :- WRIT - A No. - 2021 of 2024
Petitioner :- Sarvesh Kumar And 5 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. And 3 Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Shyam Lal,Utsav Mishra
Hon'ble Manish Kumar,J.
Rules, 2023 (hereinafter referred to as, the Rules, 2023) wherein the provision of batch wise and merit wise selection stand superseded by statutory Rules and now the selection is to be made through the Commission and in pursuance thereof, an advertisement has been published on 01.02.2024 inviting applications for appointment on the post of Ayurvedic Pharmacists.
" 5. Source of Recruitment:- Recruitment to the various categories of posts in the serves shall be made from the following sources:-
i) Pharmacist (Ayurvedic)-By direction recruitment through the Commission.
ii) Chief Pharmacist (Ayurvedic) - By promotion through the Departmental Selection Committee from amongst substantively appointed Pharmacist (Ayurvedic) who have completed ten years services as such on the first day of the year of recruitment."
"15. Procedure for direct recruitment:- Direct recruitment to the post in the services shall be made in accordance with the Uttar Pradesh Direct Recruitment to Group "C" posts (Mode and Procedure) Rules, 2015 as amended from time to time. "
" Commission means the Uttar Pradesh Subordinate Service Selection Commission"
promulgated whereby the process of selection has been changed from batchwise/meritwise and the selection be made by the Commission.
9.The Government Order relied upon by learned counsel for petitioner is also not applicable for the reason that Clause-6 of the Government Order dated 23.05.2014 provides that in future, the vacancies shall be filled up by the Rules, 1991 as amended. So, after promulgation of Rules, 2023, the selection process has already been started. The said Government Order provided that the subsequent recruitment is to be made as per the prevailing Rules. The said Government Order dated 23.05.2014 cannot supersede the statutory provisions i.e. the Rules, 2023 and the Advertisement under challenge dated 01.02.2024 has been made in pursuance of the Rules, 2023 thus, the Rules, 1980 and the Government Order dated 23.05.2014 would not be applicable anymore.
Order Date :- 14.3.2024 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the selection for Ayurvedic Pharmacists should be made batch-wise and merit-wise under Rules, 1980 and Government Order 2014 or through the Commission under Rules, 2023.
Whether the Government Order dated 23.05.2014 can supersede statutory Rules, 2023 for subsequent recruitment.
Whether the respondents were justified in quashing the petition for appointment based on the new statutory rules.
4 provisions across 4 enactments
Sarvesh Kumar
5 Others
State Of U.P.
Addl. Chief Secy. Ayush Deptt. Lko.
3 Others
U.P. Subordinate Service Selection Commission
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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