Ajay Kumar Yog, Umeshwar Pandey, JJ. - (1.) HEARD at length and perused the record. The controversy arising in the petition is short particularly when the respondents did not take care, in spite of opportunity being given including 'no more' order, and also subsequently allowing one month's further time to file Counter Affidavit. In view of it averments in the petition, remain unrebutted.
(2.) PETITIONER passed B.A.M.S. Examination from a College in the State of Bihar. In pursuance to an advertisement issued by the respondents for making adhoc/temporary appointment on the post of Ayurvedic Medical Officer in the Directorate of Ayurvedic and Unani Medical Service, the petitioner as well as other eligible candidates applied. Initially applications of the candidates including that of the petitioner was not considered in view ofR.40 of U.P. Indian Medical Act, 1939 which debarred candidates who did not possess degree of a recognised institution in the State of U.P. Several petitions were filed in this Court challenging vires of the aforesaidR.40. Aforesaid writ petitions were allowed by this Court and the judgment is reported in, (1990) 2 U.P. LBEC 1024/Annexure 3 to the Writ Petition.R.40 was held to be ultra vires of the Constitution. Special Leave petition, against this judgment filed by State of U.P. was also dismissed by the Supreme Court vide judgment and order dated 8.4.1996/Annexure 3A to the Writ Petition.
(3.) THEREAFTER , as a consequence of the direction of the Court, the respondent authority proceeded to consider the case of the present petitioner including similarly situated other candidates and for that purpose a committee was constituted which undertook the exercise.;