RITU RAJ AWASTHI, J. - (1.) THIS Bunch of writ petitions involves common questions of fact and law and have, therefore, been heard together. Writ Petition No. 6578 (S/S) of 2013 has been treated as leading case in the Bunch. Writ Petition No. 6651 (S/S) of 2013 is not related to the subject involved in the present Bunch of writ petitions and, therefore, Office is directed to delink Writ Petition No. 6651 (SS) of 2013.
(2.) WRIT Petition No. 6578 (S/S) of 2013 and other connected writ petitions, except Writ Petition No. 868 (S/S) of 2013, have been filed challenging the process of selection to the post of X -Ray Technicians initiated, inter alia, by invoking the Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002, as amended vide Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) (First Amendment) Rules, 2003, hereinafter referred to as "2002 Group ''C' Rules, as amended vide 2003 Amending Rules". Further prayer has been made in the writ petitions that batch -wise selection be made for filing up the vacancies of X -Ray Technicians by adopting the procedure that the candidates who pass out X -Ray Technician Diploma Course prior in time from U.P. State Medical Faculty, Lucknow be appointed first before appointing any subsequent batch pass out Out of this Bunch of writ petitions, Writ Petition No. 479 (S/S) of 2013 was filed by 24 petitioners praying for the following substantive relief: - "(a) To issue a writ, order or direction in the nature of certiorari quashing condition contained in the Advertisements dated 10.09.2010 and 27.02.2011, the true copies of which are contained as Annexure No. 1 and 2 respectively to the writ petition, as it relates to the holding of selection on the post of X -Ray Technician by application of Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002 as amended vide Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) (First Amendment) Rules, 2003. (b) To issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties to make selection and appointment against the available vacancies of X -Ray Technicians strictly in accordance with Uttar Pradesh X -Ray Technicians Service Rules, 1986, particularly Rule 14 of the said Rules, by appointing the X -Ray Technicians obtaining the X -Ray Technician Diploma prior in time first before appointing the Diploma Holders of later years." Writ Petition No. 479 (S/S) of 2013 was followed by Writ Petition Nos. 658 (S/S) of 2013, 2078 (S/S) of 2013, 2732 (S/S) of 2013 and 3774 (S/S) of 2013. During pendency of these writ petitions, a short counter affidavit was filed on behalf of the opposite parties in Writ Petition No. 479 (S/S) of 2013 stating that the advertisements dated 10.09.2010 and 27.02.2011, impugned in the said writ petition, were withdrawn vide Government Order dated 16.07.2012 by which the maximum age limit for a candidate was increased to 40 years from 35 years. This Government Order dated 16.07.2012 has been annexed as Annexure SCA -1 along with the short counter affidavit.
(3.) BEFORE the Writ Petition No. 479 (S/S) of 2013 and Writ Petition Nos. 658 (S/S) of 2013, 2078 (S/S) of 2013, 2732 (S/S) of 2013 and 3774 (S/S) of 2013 could be heard and decided another advertisement dated 15.10.2013 was issued notifying 287 posts of X -Ray Technicians for selection and recruitment. This advertisement dated 15.10.2013 has been challenged in Writ Petition No. 6578 (S/S) of 2013; Hari Om Singh and another Vs. State of U.P. and others, Writ Petition No. 6645 (S/S) of 2013; Ajay Kanaujiya Vs. State of U.P. and others with identical prayers. In order to avoid unnecessary repetition, the prayer clause of Writ Petition No. 6578 (S/S) of 2013, which has been treated as leading writ petition in the bunch of writ petitions, is being quoted below: - "(a). To issue a writ, order or direction in the nature of certiorari quashing condition contained in the impugned Advertisement dated 15.10.2013, the true copy of which is contained as Annexure No. 1 to the writ petition, as it relates to the holding of selection on the post of X -Ray Technician by application of Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002 as amended vide Uttar Pradesh Procedure for Direct Recruitment for Group ''C' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) (First Amendment) Rules, 2003. (b). To issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties to make selection and appointment against the available vacancies of X -Ray Technicians strictly in accordance with Uttar Pradesh X -Ray Technicians Service Rules, 1986, particularly Rule 14 of the said Rules, by selecting and appointing the X -Ray Technicians obtaining the X -Ray Technician Diploma prior in time first before appointing the Diploma Holders of later years as was the prevalent practice and also at the time of the petitioner undertaking the said Diploma Course." ;