- (1.) HEARD Mr. S.P. Mishra, learned counsel for the petitioners, learned Standing Counsel as well as Mr. Hari Prasad Gupta, learned counsel for opposite party no. 19.
(2.) THE petitioners have challenged the entire selection on the post of Optometrists and also the order dated 17.02.2009 passed by the Director General, Medical and Health Services, Lucknow, whereby the petitioner's representation challenging the selection has been rejected.
(3.) LEARNED counsel for the petitioners submits that 24 posts of Optometrists were advertised on 28.08.2008. The selection was to be made as per provisions of the Uttar Pradesh Procedure for Direct Recruitment for Group -'C' Post (outside the purview of the Uttar Pradesh Public Service Commission) Rules, 2003. The essential qualification was proscribed as intermediate with science holding diploma or certificate from the U.P. State Medical Faculty in Ophthalmology, Optometry or Refraction and the Registration Certificate from U.P. State Medical Faculty. It was provided that the candidates, who have served at least two years in Provincial Force or Nation Cadet Core, shall be given preference. The petitioners claim that their eligibility for appointment as they appeared in the interview on different dates and they were interviewed also. Admittedly, they are unsuccessful candidates. Now at this stage, they have raised the question on the constitution of the Selection Committee with the submission that it was not constituted in accordance with rules. Clause -6 of the Uttar Pradesh Procedure for Direct Recruitment for Group -'C' Post (outside the purview of the Uttar Pradesh Public Service Commission) Rules, 2002 provides for constitution of selection committee for the direct recruitment that the selection committee shall be constituted with five members including the Chairman of the Committee. The appointing authority will be the Chairman, who shall nominate three members - one member belonging to Scheduled Cast or Scheduled Tribes Community, the second member belonging to Other Backward Class and third member will be an officer having sufficient knowledge in the field and the fourth member of the Committee shall be nominated by the District Magistrate of the concerned district. It is also provided that in case the Director General (Head of the Department) is in the committee, he shall be competent to nominate all the members but it is stated that since in the present case, Dr. R.R. Bharti was not the Head of the Department, therefore, the fourth member could have been nominated only by the District Magistrate. It is further stated that Dr. R.R. Bharti, Director, Health was the Chairman of the Selection Committee, therefore, he nominated all four other members and thus, none was nominated by the District Magistrate. Therefore, the Selection Committee was not a competent committee as is required under the Rules.;