- (1.) WE have heard Shri R.K. Ojha appearing for the petitioners. Shri Pankaj Saxena, earned Standing Counsel appears for the State respondents.
(2.) THE petitioners hold degrees of Bachelor of Ayurvadic Medicine and Surgery from the recognized Ayurvedic Colleges in the State of U.P. in the year 2003 except Dr. Awadesh Pratap Singh-petitioner No. 3 with a degree from Rajkiya Ayurvedic College, Attara, Banda in the year 2001. THEy are aggrieved by the advertisement No. 6/09-10 of the Public Service Commission, U.P. advertising 338 vacancies of Medical Officers (Government Ayurvedic Hospitals) backlog. THE advertisement invites applications to fill up 338 vacancies out of which 142 vacancies reserved for the doctors belonging to Other Backward Classes; 159 belonging to Scheduled Caste and 37 belonging to Scheduled Tribes. The Public Service Com mission, U.P. published the corrigendum dated April 1, 2010, to include vacancies as backlog vacancies on 51 more posts, increasing the total number of posts to 389 including 142 for OBC, 182 for SC and 65 for ST candidates. Shri R.K. Ojha appearing for the petitioners submits that earlier an advertisement was issued in which 367 posts were advertised out of which 288 were to be filled up by Ayurvedic Medical Officers including 85 for Other Backward Classes; 180 for Scheduled Caste and 23 for Scheduled Tribe by advertisement dated 21-27.6.2003. In Writ Petition No. 45704/2003 filed by Shri Shashi Kant Rai this Court had stayed any appointment in pursuance to the advertisement dated 11.8.2008. The writ petition was withdrawn on 13.1.2009.
(3.) SHRI R.K. Ojha submits that in that writ petition (Writ Petition No. 65734/ 2008) a counter-affidavit was filed stating that out of total strength of Ayurvedic Medical Officers of 1780 posts, 1456 posts were already filled up and there were 324 vacant posts. He submits that out of 1456 there must be 393 OBC, 306 SC and 29 ST category doctors and thus the backlog should not be more than 103 OBC, 217 SC and 29 ST. In the counter-affidavit, it was also stated that the appointment letters were issued in favour of the persons, who were selected in reserved category (backlog). SHRI Ojha submits that according to counter-affidavit, the backlog vacanties were already filled up and thus issuing an advertisement again for the same backlog vacancies on the posts is arbitrary and illegal. We directed the State Government to file counter-affidavit to find out whether any other petition has been filed challenging the selections and to explain the number of vacancies. After several adjournments a counter-affidavit was filed which did not explain the position and thus we required to State to file a supplementary counter-affidavit.;