Dismissed

Sarvesh Kumar and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 3 Others

Allahabad HC14 Mar 2024WRIA/2021/2024

Case brief

AI extract

What is this about?

Petitioners sought to quash an advertisement dated 01.02.2024 for Ayurvedic Pharmacists appointments, claiming entitlement to batch-wise selection under 1980 Rules and 2014 Government Order. The Court held that the 2023 Rules supersede previous provisions mandating Commission-based recruitment. Consequently, the petition was dismissed as it was based on outdated procedural claims. Disposition: Dis

What did the court decide?

The writ petition was dismissed, holding that the 2023 Rules supersede the 1980 Rules and 2014 Government Order regarding Ayurvedic Pharmacist recruitment.

Sarvesh Kumar and 5 Others vs State of U.P. Thru… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22301

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Court No. - 18

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Case :- WRIT - A No. - 2021 of 2024

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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

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Hon'ble Manish Kumar,J.

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Heard Shri O.P. Tiwari, learned counsel for the petitioners, learned Standing Counsel and Shri Utsav Mishra, Advocate, who has filed his vakalatnama on behalf of respondent no. 4, which is taken on record.

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Present petition has been preferred for quashing of the impugned advertisement dated 01.02.2024 issued by the U.P. Subordinate Service Selection Commission (hereinafter referred to as, the Commission) for making selection on the post of Ayurvedic Pharmacists and with a further prayer to direct the respondents to grant appointment to the petitioners on the post of Ayurvedic Pharmacists in accordance with procedure prescribed under Government Order dated 23.05.2014 i.e. batch wise/merit wise in the same batch against existing vacancy of the Ayurvedic Pharmacists.

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Learned counsel for the petitioners has submitted that the petitioners are passed out between the period from 2011 to 2016 and are eligible and entitled to be given appointment on the post of Ayurvedic Pharmacists as per the procedure prescribed in the Government Order dated 23.05.2014.

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It is further submitted that apart from the Government order, as per U.P Pharmacists Service Rules, 1980 (hereinafter referred to as Rules, 1980), the selections are to be made batch wise and merit wise and not giving appointment to the petitioners in pursuance of the Rules, 1980 is an arbitrary and unreasonable action on the part of the respondents.

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On the other hand, learned Standing Counsel and Shri Utsav Mishra, learned Counsel representing the Commission have submitted that in the year 2014, the advertisement was published for making selection batch wise and merit wise and the said selection had already been completed. Thereafter, the new rules have come into force w.e.f. 27.04.2023 namely the Uttar Pradesh Ayush Department Ayurvedic Pharacists Service

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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.

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After hearing learned counsel for the parties, going through the record of the case, the position which emerges out in the present case is that in the present petition the Rules, 2023 have not been challenged, which have come into force w.e.f. 27.04.2023 providing the procedure for selection i.e. the selection will be made by the Commission. The Rule 5 deals with source of recruitment whereas Rule 15 thereof is meant for procedure for direct recruitment. The said Rules 5 and 15 of the Rules, 2023 are reproduced hereunder for convenience:-

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" 5. Source of Recruitment:- Recruitment to the various categories of posts in the serves shall be made from the following sources:-

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i) Pharmacist (Ayurvedic)-By direction recruitment through the Commission.

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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."

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"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. "

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Perusal of aforesaid rules shows that selection is to be made by the Commission as referred in Rule 5 of the Rules, 2023. The word "Commission" is defined in Rule 3(d) of the Rules, 2023, which is being reproduced hereunder:-

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" Commission means the Uttar Pradesh Subordinate Service Selection Commission"

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The reliance placed by learned counsel for petitioner on the Government order dated 23.05.2014 that the selection/appointment is to be made batchwise and merit wise and conduct the same in pursuance of Rules, 1980 is also not tenable in the eyes of law as the Rules, 2023 has now been

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promulgated whereby the process of selection has been changed from batchwise/meritwise and the selection be made by the Commission.

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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.

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In view of the facts, circumstances and discussion made herein above, the present writ petition is devoid of merit hence dismissed .

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Order Date :- 14.3.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Sarvesh Kumar and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 3 Others

Case brief

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Sarvesh Kumar and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. and 3 Others

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