SUNIL AMBWANI,K.N.PANDEY - (1.) WE have heard Shri G.K. Singh, learned counsel for the petitioners. Shri Pankaj Saxena, learned Standing Counsel appears for the respondents.
(2.) ALL the five petitioners are Bachelors in Ayurvedic Medicine and Surgery. They do not belong to any reserved category. All of them are working as Medical Officers (Ayurvedic/ Unani) Community Health on contract basis since April, 2005. By this writ petition they have prayed for quashing the Advertisement No.4/2009-10 issued by the U.P. Public Service Commission, Allahabad published in 'Dainik Jagran' on 2nd October, 2009, inviting application for selections on 137 posts of Medical Officers, Community Health (Ayurvedic/ Unani). Dr. Neeraj Kumar Shukla is co-petitioner with Dr. Vivek Kumar Singh in Writ Petition No.1694 (S/B) of 2008 in which an interim order was made on 24.11.2008, permitting them to work on contract basis until regular selections. This fact has been placed before the Court by the Standing Counsel and is stated in paras 13 and 16 of the counter affidavit of Dr. Jaishanker Shukla filed on behalf of the State respondents. The Advertisement No.4 of 2009-10 issued by the Commission inviting applications for 137 posts of Medical Officers (Ayurvedic and Unani) Community Health Cadre has bifurcated the posts for OBC (22), SC (96) and ST (90). In this manner all the 137 advertised posts are in the reserved category.
(3.) SHRI G.K. Singh, learned counsel for the petitioner has challenged the advertisement on the ground that there are in all 1678 posts of Medical Officers, Community Health (Ayurvedic/ Unani) in the State of U.P. out of which 50% posts have to be unreserved, and remaining reserved for OBC, SC and ST in accordance with Section 3 of the U.P. Public Services (Reservation for SC, ST and OBC) Act, 1994.;