Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE perenial grievance of illegal appointment of candidates who secured less marks than the petitioner ignoring the legitimate claim of the petitioner has fallen for determination in the present writ petition under Article 226 of the Constitution at the instance of the petitioner. As per averments contained in the writ petition, it appears that the petitioner is Science graduate (B.Sc.). He is also holder of Diploma in Pharmacist from Board of India Medicine Board, U. P., Lucknow (for short 'Board') and is also registered with the Board, w.e.f. 11.6.1987. It appears that in response to an advertisement dated 29.6.1989 inviting applications for the post of Ayurvedic Pharmacist, the petitioner applied. He was called for interview, scheduled to be held on 26.9.90 at Ayurvedic Evam Unani Aushadhi Parikshan Prayogsala, Sector 19, House No. 768, Ring Road, Indira Nagar, Lucknow vide letter dated 11.9.1990.
(3.) THE petitioner also participated in the interview but without preparing any select or merit lists, respondent No. 1 Director of Ayurvedic and Unani Services, U. P., Lucknow, who is appointing authority for the post of Ayurvedic Pharmacist, letters of appointment were issued to various candidates who had not qualified in the interview or had earned lesser marks than the petitioner. Some candidates instituted Civil Misc. Writ No. 7323 of 1991, Tribhuwan Chauhan and others v. Ayurvedic and Unani Services, U. P., Lucknow and others, which was decided on 13.7.92 (reported in 1992 UPLBEC 1562 : 1992 (3) AWC 1562), in which direction was issued to respondent No. 1 to act in accordance with law.;