Suneet Kumar, J. - (1.) We have heard Mr. S. K. Shukla, Mr. Akhilanand Mishra, Mr. Naresh Kumar Pal and Mr. Arvind Srivastava, learned Advocates, for the petitioners, Mr. Neeraj Tripathi, learned Additional Advocate General, Mr. Shashank Shekhar Singh, learned Additional Chief Standing Counsel, Mr. G.K. Singh, learned Senior Advocate with Mr. Seemant Singh and Mr. Santosh Kumar Singh Paliwal, Advocates and Mr. Dharam Pal Singh, learned Senior Advocate with Mr. Mangal Rai, Advocate, for the respondents.
(2.) Petitioners are working as Health Worker (Female) on contract basis in the State at different Community Health Centres(CHS). By the instant batch of writ petitions petitioners are raising challenge to the Advertisement issued for recruitment of 5628 Basic Health Worker (Female) on the premise that Rule 5 and Rule 8 of U.P. Medical Health and Family Welfare Department Health Workers and Health Supervisors (Male & Female) Service Rules, 1997 (Rules 1997) is ultravires of Articles 14 and 16 of the Constitution, insofar, it limits the consideration of the candidature of persons having passed training course conducted only by Uttar Pradesh Nurses and Midwives Council, Lucknow, thereby, excluding candidates having acquired training certificate from outside the State.
(3.) It is not in dispute that petitioners are duly registered with the Uttar Pradesh Nurses and Midwives Council, Lucknow, but have been excluded from the recruitment process for the reason that they have obtained training certificate from outside the State of Uttar Pradesh, hence, in terms of Rule 8 of Rules 1997 do not fulfill the academic qualification prescribed therein.;