S.K. Dhaon, J. - (1.) The petitioners hold B.A.M.S. Degree from the University of Bihar. An advertisement was issued in the U.P. Rajgar Digest of May 15, 1987 inviting applications in the State of Uttar Pradesh for appointment of Medical Officer (Ayurvedic). The advertisement made it clear that the persons who did not hold degree in Ayurvedic from a University in Uttar Pradesh will not be eligible. At that stage the petitioner approached this Court by means of this petition.
(2.) On 16th October, 1981, Standing Counsel was granted three weeks' time to file a counter affidavit. However, no counter affidavits has been filed till date. We are not inclined to grant any further time, we were, therefore proceeding to dispose of this petition finally.
(3.) The short controversy in this petition is as to whether the ban imposed by the advertisement upon the graduates in Ayurvedic from the University outside U.P. is constitutionally permissible. This controversy, it appears, has been answered by a Division Bench of this Court in the case of Ashok Kumar Verma v. State of Uttar Pradesh & Anr. 1990 Vol. 2, U.P.L.B.E.C. Page 1024 . This Court has held that such a classification is void and hit by Article 14 of the Constitution.;