- (1.) The grievance of petitioner is that recruitment to the post of Lab Technician is governed by U.P. Laboratory Technician (Medical, Health and Family Welfare Department) Service Rules, 1994 (hereinafter referred to as the "Rules, 1994"). The essential qualification prescribed in Rule 8 of Rules, 1994. It reads as under: 8. For direct recruitment to the post of Laboratory Technician, applicant must have passed Intermediate Examination conducted by the Uttar Pradesh Board of High School and Intermediate Education with Science or any examination recognized by the Government as equivalent thereto and must possess Laboratory Technician diploma awarded by the Uttar Pradesh State Medical Faculty, Lucknow or any equivalent diploma from any recognized institution. (English translation by the Court)
(2.) There is no requirement that a person who has obtained requisite qualification must also be registered with U.P. State Medical Faculty, Lucknow in the aforesaid Rule but the same has been incorporated by State Government vide Government Order dated 20.12.2003 and it is pursuant thereto the advertisement dated 15.10.2013, has now been issued by respondents making it a necessary condition that the applicant must be registered with U.P. State Medical Faculty in order to be eligible. It has rendered petitioner ineligible since he has obtained Diploma of Lab Technician from Medical Sciences (Department of Pathology) Banaras Hindu University in 2008 but since he is not registered with U.P. State Medical Faculty, therefore, is being excluded from the zone of consideration and field of eligibility arid is denying right of equal consideration for employment enshrined under Article 16(1) of the Constitution.
(3.) It is argued that this additional requirement put by aforesaid Government Order dated 20.12.2003 is illegal and ultra vires of Rules, 1994.;