JUDGEMENT
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(1.) Gaurav Trivedi and Deepak Shrotriya are before this Court for quashing the entire selection proceeding in pursuance of the Advertisement No.1/2013-2014 dated 24.08.2013 and the corrigendum dated 31.07.2015, so far it relates to post of Physicist (Radiological Physics); for quashing the result and selection of respondent nos.4 and 5 dated 22.12.2015 for the post of Lecturer Physicist (Radiological Physics) and for a direction to the respondent authorities to issue fresh advertisement for the post of Physicist (Radiological Physics).
(2.) It appears from the record that the Uttar Pradesh Public Service Commission, Allahabad (in short "the Commission") had issued Advertisement No.1/2013-14 dated 24.08.2013 for appointment of Lecturers in different specialities under Medical Education Department, U.P. including four posts of Physicist (Radiological Physics) in which two -posts were in backlog vacancies (one for SC and one for OBC) and two posts were unreserved. In the aforesaid advertisement, the essential qualifications for the post of Lecturer Physicist (Radiological Physics) were (a) M.Sc. (Physics/Chem./Bio-physics) with Ph.D. (Physics/Chem./Bio-Physics) or an equivalent qualification recognized by the Medical Council of India and (b) three years teaching experience in the subject in recognized Medical College as Resident/ Registrar/ Demonstrator/ Tutor as post graduate student.
(3.) The petitioners being eligible applied for the post of Physicist (Radiological Physics) against unreserved vacancies on 14.09.2013 through online. It is averred that the respondent no.3 wrote a letter dated 11.09.2013 to the respondent no.2 stating therein that the post of Physicist (Radiological Physics) is non-medical post, therefore, the qualification for the same will be in accordance with G.O. dated 7.5.1991 and further requested to issue corrigendum showing the qualification mentioned in the aforesaid G.O. Thereafter, a corrigendum dated 31.07.2015 was issued by the respondent no.2 by which the qualification for the post of Lecturer Physicist (Radiological Physics) has been changed in accordance with the G.O. dated 7.5.1991 as Diploma in Radiation Physics from Bhabha Electronic Research Centre with M.Sc. Physics and Electronics. In the corrigendum, it was instructed that the applicants, who had applied pursuant to the Advertisement No.1/2013-14 dated 24.08.2013, only can apply within 21 days from the issuance of the corrigendum. It appears from the record that the petitioner no.1 was not allowed to appear in the interview for the post in question and the petitioner no.2 could not succeed in the said interview.;
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