- (1.) THE petitioners seek a writ of mandamus commanding the respondents to issue appointment letter to the petitioners as Homoeopathic Medical Officers. THE version of the petitioners is that they have obtained Bachelor's Degree in Homoeopathic known as B. H. M. S. after completing 5 years course provided by Medical Council of India and had gone one year's compulsory routine internship after passing B. H. M. S. Degree in the Government Hospital and Public Health Centre or the Government Homoeopathic College duly recognised by the State of Uttar Pradesh for the award of Degree of B. H. M. S. THEy are duly registered with the Homeopathic Medicine Board. THE Uttar Pradesh Public Service Commission (in short the Commission) vide advertisement No. 10/88-89 dated 8-4-1989 invited applications on behalf of the State of U. P. for selection and recruitment to 80 posts of Homoeopathic Medical Officers for Government Homoeopathic Hospitals of Uttar Pradesh. THE petitioners applied for the said posts. THE Commission held selection. THE selection to the post of Homoeopathic Medical Officers was to be made by the Respondent No. 3 solely on the basis of interview consisting of 100 marks by a duly constituted Selection Committee and no written test was prescribed nor any marks were to be allotted to the educational qualifications of the candidates or in respect of other additional qualifications etc. THE petitioners were directed to appear in the interview before the Commission alongwith the original testimonials and other certificates regarding their educational qualifications and experiences etc. THE petitioners appeared in interview alongwith their testimonials and certificates regarding their educational qualifications.
(2.) THE grievance of the petitioner is that after interview nothing was heard by the petitioners and no notice or intimation was given regarding the selection. THE}' come to know about the final selection for the first time on 18-12-1996 in which one of the candidates namely, Dr. Ashok Kumar, who was Diploma-holder in Homoeopathic was selected in preference of the petitioners. Learned Counsel for the petitioners urged that according to the Advertisement published by the Commission, the Degree Holders were given preference over the Diploma-holders and selection of the Diploma-holders in preference of the petitioners is unjustified. Similar question was considered in Dr. Sheo Narain Singh and others v. State of U. P. and others, 1996 (3) E. S. C. 183 (All), wherein, it was held that in the selection of the Medical Officers of Homeopathic, Degree Holders ought to have been given preference over the Diploma-holders. In view of this decision the petitioners were entitled to get preference over the Diploma Holders. The petitioners are alleged to have appeared in the selection conducted by the Commission in the year 1989, in which 80 posts of Homeopathic Medical Officers for Government Homeopathic, Hospitals of Uttar Pradesh were advertised. 4. It is not clear out of 80 posts, how many posts have been filed by the Diploma Holders. The petitioners to the extent of the posts, which have been filled by the Diploma Holders are entitled to be given appointment to the posts of Homeopathic Medical Officers, in accordance with the merit amongst the Degree Holders. 5. Sri Pushpendra Singh, learned Counsel appearing for the Commission submitted that the posts are not vacant. Sri Raj Mani Chaudhary has filed counter affidavit on behalf of the State Government and in para 9 of the counter affidavit it has been stated that 47 posts of the Homeopathic Medical Officers are lying vacant at present in which two posts are of female Homeopathic Medical Officers is also included. 6. The writ petition is allowed and the petitioners shall be considered for appointment to the posts of Homeopathic Medical Officers, keeping in view the above observations. The Respondent No. 1 shall pass appropriate order within one month of production of certified copy of this order. 7. The parties shall bear their own costs. Petition allowed. .;