- (1.) Heard Sri Hari Shankar Jain, learned counsel for the petitioners, Sri H.P. Srivastava, learned Additional Chief Standing Counsel, Sri Rajnish Kumar, learned counsel for Uttar Pradesh Public Service Commission, Sri Sirish Kumar, learned counsel for the Intervenor, Sri Ashwani Kumar, learned counsel for the Intervenor and Sri Aftab Ahmad, learned counsel for the Intervenor.
(2.) The petitioners have prayed for issuance of a writ to declare Rule 15(3) of the Uttar Pradesh Dental Surgeons Service Rules, 1979 (Rules, 1979) ultra vires to Article 14 of the Constitution of India along with certain other ancillary reliefs on the grounds that it confers unfettered, unchecked, unguided and arbitrary powers on the selection committee, which is alien to the underlying principles of Article 14 and 16 of the Constitution of India.
(3.) Rule 15 of the Rules, 1979 provides procedure for direct recruitment to the post of Dental Surgeon (Ordinary Grade), which is extracted below: "15. Procedure for Direct Recruitment to the post of Dental Surgeon (Ordinary Grade).- (1) Applications for being considered for selection shall be called by the Commission in the prescribed form, which may be obtained from the Secretary to the Commission on payment. (2) The Commission, shall, having regard to the need for securing due representation to the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such candidates as fulfill the requisite qualifications. (3) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the viva voce. If two or more candidates obtain equal marks the Commission shall arrange their names in order of merit on the basis of their general suitability for the service. The number of names of the list shall be larger, but not larger by more than 25 per cent than the number of the vacancies. The Commission shall forward the list to the appointing authority.";