Dhananjaya Yeshwant Chandrachud, J. - (1.) The petitioners have passed the Intermediate certificate examination and possess a two year diploma as Homeopathic Pharmacists. The recruitment to the post of Homeopathic Pharmacist in the service of the State Government is governed by a set of rules known as the U.P. Homeopathic Pharmacist Service Rules 1991. On 28 May 2015, the rules which have been framed under Article 309 of the Constitution were amended by the U.P. Homeopathic Pharmacists Service (First Amendment) Rules, 2015. As a result of the amendment, rule 8 was substituted. Rule 8 which provides for the academic qualifications now stipulates that a candidate must have passed the Intermediate examination with science (Mathematics or Biology Group) of the Board of High School and Intermediate Education of Uttar Pradesh or an examination recognised by the Government equivalent thereto and must have obtained a two year's Homeopathic Pharmacist Diploma from a recognised institution and must have undergone a three months' training course. Prior to the amendment, the prescribed qualification was passing of the High School Examination.
(2.) The pre amended rule 8 and the substituted provision are as follows: JUDGEMENT_213_LAWS(ALL)10_2015.jpg
(3.) The age stipulation in rule 10 prior to the amendment was that a candidate for direct recruitment must have attained the age of eighteen years and must not have attained the age of more than thirty two years on the first day of July of the calendar year in which the vacancies are advertised by the Commission. After amendment, rule 10 provides that a candidate must have attained the age of twenty one years and must not have attained the age of more than forty years on the first day of July of the calendar year in which the vacancies are advertised.;