ANIL JOSHI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-4-51
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on April 02,2012

Anil Joshi and Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) Heard Mr. Sandeep Kothari. Advocate for the petitioners, Mr. P.C. Bisht, Brief Holder for the State of Uttarakhand and Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Alok Mehra, Advocate for respondent Nos. 4 to 43. The petitioners before this Court, by means of the above writ petition, have sought a writ of certiorari for quashing the advertisement dated 4.5.2011 which was, inter alia, for the recruitment to the post of Physiotherapists in the department of Medical Health and Family Welfare Uttarakhand, and also for quashing of the subsequent proceedings including the result dated 2.11.2011 issued by respondent No. 3 by which certain persons have been selected on the post of physiotherapists in the State of Uttarakhand. The petitioners have also impleaded as respondent Nos. 4 to 43 the selected candidates to the post of physiotherapists-a selection which stands challenged in the writ petition.
(2.) In the year 2009, respondent No. 2 i.e. Director General of Medical Health and Family Welfare, Government of Uttarakhand issued an advertisement calling applications from the eligible candidates for recruitment to the post of physiotherapists. The advertisement clearly stated that the recruitment to the post of physiotherapists shall be done in accordance to the provisions made in Government Order dated 4.8.2008. On 4.8.2008 the earlier rules, namely, U.P. Medical Health and Family Welfare Department Physiotherapist and Occupational Therapist Service Rules, 1998 stood amended. At this juncture it must be stated that the recruitment and appointment of physiotherapists in Uttarakhand as well in the erstwhile State of Uttar Pradesh were earlier done under the rules known as U.P. (Outside the purview of the Public Service Commission) Direct Recruitment Rules, 1998. Rule 15 of the said Rules reads as under: 15. Processor of direct recruitment to a post in the Services of Group 'C' (on post outside the purview of Uttar Pradesh Public Service Commission) shall be done framed under rule 1998.
(3.) It must be stated that the recruitment for the post of Physiotherapist was earlier also done under the general rule pertaining to direct recruitment of Group 'C' posts. All the same, this rule stood amended on 4.8.2008 in the State of Uttarakhand and instead of Rule 15 (as referred above) the following Rule was substituted: 15. (1) For direct recruitment, the Appointing Authority shall notify the format of application form and vacancies together in the following manner:- (i) By issuing advertisement in daily newspapers, having wide circulation; (ii) By pasting the notice on the notice board of the office or by advertising through Radio/Television and other employment newspapers; (iii) By notifying vacancies to the Employment Exchange. (2) For the purpose of direct recruitment, there shall be constituted a Selection Committee comprising the following:- (i) Appointing Authority-Chairman (ii) If the Appointing Authority does not belong to the Scheduled Castes or Scheduled Tribes, an officer belonging to the Scheduled Castes or Scheduled Tribes, not below the rank of Joint Director, shall be nominated by the Director General. If the Appointing Authority belongs to the Scheduled Castes or Scheduled Tribes, in that case an officer belonging to other than Scheduled Castes or Scheduled Tribes, shall be nominated by the Director General-Member (iii) An officer belonging to the minority community, not below the rank of Joint Director, to be nominated by the Director General-Member (iv) An officer belonging to Backward Classes, not below the rank of Joint Director, to be nominated by the Director General-Member (3) The Selection Committee shall, having regard to the need of securing due representation of the candidates, belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with rule 6, scrutinize the applications. (4) (i) For selection, there shall be an objective type written examination of 100 marks consisting of single question paper which will include General Hindi General Knowledge and concerned subject. While evaluating the question paper, one mark shall be awarded for each correct answer and 1/4 mark shall be deducted for each incorrect answer as negative marking. (ii) After the examination is over, the candidates shall be allowed to carry back the Question Booklet of the written examination with them. (iii) After the written examination, the Answer Key of the written examination shall be displayed on the Uttarakhand website or published in the daily newspaper, having wide circulation. (iv) The Answer Sheet of the written examination shall be in duplicate (including the carbon copy) and the candidates shall be permitted to carry back the duplicate copy with them. (v) The candidates will be awarded 30 percent and 70 percent marks for the percentage of marks obtained in the intermediate examination and Diploma/Degree examination, respectively. (vi) Candidates obtaining less than 40 percent marks in the written test and less than 30 percent marks in Diploma examination shall be unfit for selection. (vii) The merit list shall be prepared by the Selection Committee on the basis of the aggregate of marks obtained in the test for selection carrying 200 marks, which will include 100 marks for written examination, 30 percent marks of intermediate examination and 70 percent marks of Diploma/Degree examination. (5) Thereafter, the Selection Committee shall prepare a list in order of proficiency as disclosed by the aggregate of marks obtained by each candidate and recommend such number of candidates/it considers suitable for appointment. If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining more marks in the written examination shall be placed higher in the list. If two or more candidates obtain equal marks in the written test also, the candidate senior in age shall be placed higher in the selection list. The number of names in the list shall be more (but not more than 25 percent) than the number of vacancies. The Selection Committee shall forward the list to the Appointing Authority.;


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