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PRADUMN NATH MISHRA AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Pradumn Nath Mishra And Another v. State Of U.P. And Others - WRIT - A No. 48446 of 2005 [2005] RD-AH 3297 (21 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO.48446 OF 2005

Pradumn Nath Mishra & Anr -------------    Petitioners              

Versus.

State of U.P. & Ors             -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Shishir Kumar, J.

This writ petition has been filed for quashing the selection proceeding taken by the U.P. Public Service Commission, Allahabad pursuant to the Advertisement No. 1/2003-2004 (Annexures 4 and 5 to the writ petition), and for issuing a writ in the nature of mandamus  commanding the respondents to initiate fresh selection proceeding for filling up the vacancy and further a writ in the nature of mandamus commanding the respondents to consider the candidature of the petitioners by inviting fresh applications from the petitioners. It appears, that an advertisement was issued by the U.P. Public Service Commission, Allahabad  for initiating selection proceeding for the post of Medical Officer (Homeopathic) and certain eligibility criteria was mentioned in that advertisement. The respondent nos. 4 and 5 appeared in the said selection proceeding and were selected. The grievance of he petitioners are that the respondent nos. 4 and 5 are not having the requisite eligibility i.e. experience of three years and therefore they could not be appointed. The writ petition was entertained on 12/7/2005 and the respondents were granted time to file counter affidavit. In the counter affidavit the respondent nos. 4 and 5 have filed certificate of experience issued by the Principal National Homeopathic Medical College, Lucknow. From a perusal of the aforesaid certificate, it is clear that the petitioners were having requisite qualification for the purpose of consideration for the post for which the respondents have issued advertisement. The petitioners have not doubted the genuineness of the certificate issued in favour of the respondent nos. 4 and 5. Petitioners have never applied for the said post and their case is limited only to the extent that the said respondents did not possess the requisite experience.

Admittedly, requirement of experience is an integral part of eligibility. However, as the certificate  of possessing the eligibility of experience has been issued by the authority concerned and his genuineness is neither doubted nor challenged, we do not see any ground to interfere in the matter.

Petition is accordingly dismissed. Interim order if any, stands vacated.    

21 .9.2005

SB

COURT NO. 34

CIVIL MISC. WRIT PETITION NO.48446 OF 2005

Pradumn Nath Mishra & Anr -------------    Petitioners              

Versus.

State of U.P. & Ors             -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Shishir Kumar, J.

This writ petition has been filed for quashing the selection proceeding taken by the U.P. Public Service Commission, Allahabad pursuant to the Advertisement No. 1/2003-2004 (Annexures 4 and 5 to the writ petition), and for issuing a writ in the nature of mandamus  commanding the respondents to initiate fresh selection proceeding for filling up the vacancy and further a writ in the nature of mandamus commanding the respondents to consider the candidature of the petitioners by inviting fresh applications from the petitioners. It appears, that an advertisement was issued by the U.P. Public Service Commission, Allahabad  for initiating selection proceeding for the post of Medical Officer (Homeopathic) and certain eligibility criteria was mentioned in that advertisement. The respondent nos. 4 and 5 appeared in the said selection proceeding and were selected. The grievance of he petitioners are that the respondent nos. 4 and 5 are not having the requisite eligibility i.e. experience of three years and therefore they could not be appointed. The writ petition was entertained on 12/7/2005 and the respondents were granted time to file counter affidavit. In the counter affidavit the respondent nos. 4 and 5 have filed certificate of experience issued by the Principal National Homeopathic Medical College, Lucknow. From a perusal of the aforesaid certificate, it is clear that the petitioners were having requisite qualification for the purpose of consideration for the post for which the respondents have issued advertisement. The petitioners have not doubted the genuineness of the certificate issued in favour of the respondent nos. 4 and 5. Petitioners have never applied for the said post and their case is limited only to the extent that the said respondents did not possess the requisite experience.

Admittedly, requirement of experience is an integral part of eligibility. However, as the certificate  of possessing the eligibility of experience has been issued by the authority concerned and his genuineness is neither doubted nor challenged, we do not see any ground to interfere in the matter.

Petition is accordingly dismissed. Interim order if any, stands vacated.    

21 .9.2005

SB

COURT NO. 34

CIVIL MISC. WRIT PETITION NO.48446 OF 2005

Pradumn Nath Mishra & Anr -------------    Petitioners              

Versus.

State of U.P. & Ors             -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Shishir Kumar, J.

This writ petition has been filed for quashing the selection proceeding taken by the U.P. Public Service Commission, Allahabad pursuant to the Advertisement No. 1/2003-2004 (Annexures 4 and 5 to the writ petition), and for issuing a writ in the nature of mandamus  commanding the respondents to initiate fresh selection proceeding for filling up the vacancy and further a writ in the nature of mandamus commanding the respondents to consider the candidature of the petitioners by inviting fresh applications from the petitioners. It appears, that an advertisement was issued by the U.P. Public Service Commission, Allahabad  for initiating selection proceeding for the post of Medical Officer (Homeopathic) and certain eligibility criteria was mentioned in that advertisement. The respondent nos. 4 and 5 appeared in the said selection proceeding and were selected. The grievance of he petitioners are that the respondent nos. 4 and 5 are not having the requisite eligibility i.e. experience of three years and therefore they could not be appointed. The writ petition was entertained on 12/7/2005 and the respondents were granted time to file counter affidavit. In the counter affidavit the respondent nos. 4 and 5 have filed certificate of experience issued by the Principal National Homeopathic Medical College, Lucknow. From a perusal of the aforesaid certificate, it is clear that the petitioners were having requisite qualification for the purpose of consideration for the post for which the respondents have issued advertisement. The petitioners have not doubted the genuineness of the certificate issued in favour of the respondent nos. 4 and 5. Petitioners have never applied for the said post and their case is limited only to the extent that the said respondents did not possess the requisite experience.

Admittedly, requirement of experience is an integral part of eligibility. However, as the certificate  of possessing the eligibility of experience has been issued by the authority concerned and his genuineness is neither doubted nor challenged, we do not see any ground to interfere in the matter.

Petition is accordingly dismissed. Interim order if any, stands vacated.    

21 .9.2005

SB

COURT NO. 34

CIVIL MISC. WRIT PETITION NO.48446 OF 2005

Pradumn Nath Mishra & Anr -------------    Petitioners              

Versus.

State of U.P. & Ors             -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Shishir Kumar, J.

This writ petition has been filed for quashing the selection proceeding taken by the U.P. Public Service Commission, Allahabad pursuant to the Advertisement No. 1/2003-2004 (Annexures 4 and 5 to the writ petition), and for issuing a writ in the nature of mandamus  commanding the respondents to initiate fresh selection proceeding for filling up the vacancy and further a writ in the nature of mandamus commanding the respondents to consider the candidature of the petitioners by inviting fresh applications from the petitioners. It appears, that an advertisement was issued by the U.P. Public Service Commission, Allahabad  for initiating selection proceeding for the post of Medical Officer (Homeopathic) and certain eligibility criteria was mentioned in that advertisement. The respondent nos. 4 and 5 appeared in the said selection proceeding and were selected. The grievance of he petitioners are that the respondent nos. 4 and 5 are not having the requisite eligibility i.e. experience of three years and therefore they could not be appointed. The writ petition was entertained on 12/7/2005 and the respondents were granted time to file counter affidavit. In the counter affidavit the respondent nos. 4 and 5 have filed certificate of experience issued by the Principal National Homeopathic Medical College, Lucknow. From a perusal of the aforesaid certificate, it is clear that the petitioners were having requisite qualification for the purpose of consideration for the post for which the respondents have issued advertisement. The petitioners have not doubted the genuineness of the certificate issued in favour of the respondent nos. 4 and 5. Petitioners have never applied for the said post and their case is limited only to the extent that the said respondents did not possess the requisite experience.

Admittedly, requirement of experience is an integral part of eligibility. However, as the certificate  of possessing the eligibility of experience has been issued by the authority concerned and his genuineness is neither doubted nor challenged, we do not see any ground to interfere in the matter.

Petition is accordingly dismissed. Interim order if any, stands vacated.    

21 .9.2005

SB

COURT NO. 34

CIVIL MISC. WRIT PETITION NO.48446 OF 2005

Pradumn Nath Mishra & Anr -------------    Petitioners              

Versus.

State of U.P. & Ors             -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Shishir Kumar, J.

This writ petition has been filed for quashing the selection proceeding taken by the U.P. Public Service Commission, Allahabad pursuant to the Advertisement No. 1/2003-2004 (Annexures 4 and 5 to the writ petition), and for issuing a writ in the nature of mandamus  commanding the respondents to initiate fresh selection proceeding for filling up the vacancy and further a writ in the nature of mandamus commanding the respondents to consider the candidature of the petitioners by inviting fresh applications from the petitioners. It appears, that an advertisement was issued by the U.P. Public Service Commission, Allahabad  for initiating selection proceeding for the post of Medical Officer (Homeopathic) and certain eligibility criteria was mentioned in that advertisement. The respondent nos. 4 and 5 appeared in the said selection proceeding and were selected. The grievance of he petitioners are that the respondent nos. 4 and 5 are not having the requisite eligibility i.e. experience of three years and therefore they could not be appointed. The writ petition was entertained on 12/7/2005 and the respondents were granted time to file counter affidavit. In the counter affidavit the respondent nos. 4 and 5 have filed certificate of experience issued by the Principal National Homeopathic Medical College, Lucknow. From a perusal of the aforesaid certificate, it is clear that the petitioners were having requisite qualification for the purpose of consideration for the post for which the respondents have issued advertisement. The petitioners have not doubted the genuineness of the certificate issued in favour of the respondent nos. 4 and 5. Petitioners have never applied for the said post and their case is limited only to the extent that the said respondents did not possess the requisite experience.

Admittedly, requirement of experience is an integral part of eligibility. However, as the certificate  of possessing the eligibility of experience has been issued by the authority concerned and his genuineness is neither doubted nor challenged, we do not see any ground to interfere in the matter.

Petition is accordingly dismissed. Interim order if any, stands vacated.    

21 .9.2005

SB


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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