B. Amit Sthalekar, J. - (1.) The petitioners who are 226 in number are seeking a direction to the respondents to permit them to appear in the recruitment for the post of Homeopathy Pharmacist under the advertisement No. 14 Recruitment/2015 after ignoring the fact that the petitioners have not passed their final examination prior to 7.10.2015. The second relief claimed in the writ petition is for restraining the consideration of 200 candidates shown to have passed their Diploma in Homeopathy Pharmacy from the Institute of Para Medical, Lucknow during the academic session 2011 -12.
(2.) Briefly stated the case of the petitioners is that the petitioners Samta Dube and Neelam Singh had been granted admission in Acharya Chanakya Mahavidyalaya, Semri District Sultanpur for pursuing their studies in the final year of two years Diploma course in Homeopathy. So far as the other petitioners are concerned, it is stated that they have been granted admission to 2 years Diploma course in the academic session 2013 -14 on the basis of a combined entrance examination conducted by the Homeopathic Medicine Board, Lucknow (hereinafter referred to as the Board only) held in January, 2014. In paragraph 13 of the writ petition it is stated that all the petitioners have completed first year of Diploma course and are pursuing their studies in the second year Diploma course. In paragraph 14 of the writ petition it is stated that at the end of the first year Diploma course the petitioners were required to appear in an examination which they have all cleared and are now in the second year Diploma course in the final examination likely to be completed by December, 2015.
(3.) It is stated that an advertisement No. 14 Recruitment/2015 was issued by the U.P. Subordinate Service Selection Commission, Lucknow in the Dainik Jagran dated 4.9.2015. One of the posts at item No. 8 of the advertisement is the post of Homeopathy Pharmacist. 634 posts have been advertised and the qualification/eligibility criteria is given as Intermediate Certificate Examination, two years Diploma in Homeopathy Pharmacy and registration with the Homeopathy Medicine Board, U.P. Lucknow. The last date of submission of the application forms as per the advertisement is 7.10.2015. The claim of the petitioner is that this examination is being held after almost 13 years as the last selection for the post of Homeopathy Pharmacist was held in 2003. The case of the petitioner further is that although the permissible age limit for the post of Homeopathy Pharmacist is shown to be 21 to 40 years but for the remaining posts it is shown to be 18 to 40 years. In paragraph 25 of the writ petition it is also alleged that about 383 candidates who are registered with the Board have passed Diploma in pharmacy course from the Institute of Para Medical, Matiyari, Chinhat Lucknow in December, 2014 out of which 200 candidates have passed Diploma in Pharmacy and are shown to have passed this course in December, 2014 and are shown to have been admitted in sessions 2011 -12 and 2012 -13 with 100 students shown to have been admitted in each academic session. It is also alleged that 200 of these candidates were permitted to appear in the first year examination of the Diploma course in November, 2014 result of which was declared on 2.12.2014 and they were allowed to appear in the second year examination of the Diploma in Homeopathy Pharmacy in December, 2014 result of which has been declared on 19.12.2014. It is also stated that with regard to these conditions two writ petitions, namely, W.P. No. 1904(M/S) of 2014 (Maya Kushwaha v/s. State of U.P. and others) and W.P. No. 3447(M/S) of 2014 (Satya Prakash Maurya v/s. State of U.P. and others) were filed with the prayer for a direction to the Board for holding examination and the said writ petitions were disposed of with a direction that the matter may be represented before the State Government and thereafter Government Order was issued on 28.7.2014 directing the Board to hold the examination for these students but it is alleged that none of these students appeared in the entrance examination.;