Ashwani Kumar Mishra, J. - (1.) This bunch of writ petitions have been filed for a direction upon the respondents to appoint them to the post of Lab Technician/NCD-NPCDCS-NCD Clinic CHC. Appointment is being claimed by the petitioners on the basis of an advertisement issued by the National Health Mission, Department of Health and Family Welfare, Uttar Pradesh on 22.7.2017, whereby contractual appointment was proposed to be made in the National Rural Health Mission (NRHM). Vide advertisement dated 22.7.2017, contained in Annexure-1 to the writ petition no.10716 of 2018 vacancies have been advertised for different posts including the post of Lab Technician. The advertisement also contains the qualification prescribed for the post of Lab Technician i.e. intermediate alongwith diploma in Medical Laboratory Technology, together with working experience in a large hospital for minimum period of two years. Basic knowledge of computer and data processing is also required. A note is appended at the bottom that registration of candidate under respective Medical/Paramedical/Nursing Council, as applicable, is mandatory. All the petitioners have duly applied pursuant to advertisement and have been selected. Petitioners were then informed to appear before the District Health Society of which the Chief Medical Officer happens to be the convener, for joining. Petitioners, however, have not been allowed to join pursuant to their selection on the ground that their qualification in Medical Laboratory Technology is from institutions of other States and they have not yet been registered with Uttar Pradesh State Medical Faculty (hereinafter referred to as 'UPSMF').
(2.) Petitioners contend that there was no stipulation in the advertisement that registration of candidate under respective Medical/Paramedical/Nursing Council would mean registration with UPSMF, and that their registration with medical faculty of other States would amount to sufficient compliance in terms of the advertisement. It is also stated that the provisions of Uttar Pradesh Laboratory Technician (Medical Health and Family Welfare Department) Service Rules 1994 (hereinafter referred to as 'Rules of 1994') would not be attracted, inasmuch as appointment offered in the present case is to the post of Lab Technician in the NRHM scheme, which is a centrally sponsored, while the Rules of 1994 would govern appointments to be made by the State Government. The petitioners further contend that a requirement not specified in the advertisement otherwise cannot be made a condition precedent for appointment. Judgments of the Apex Court in Tej Prakash Pathak vs. Rajasthan High Court, 2013 4 SCC 540, Prakash Chand Meena and others vs. State of Rajasthan and others, 2015 8 SCC 484 and judgment of Delhi High Court in Stuti Ranjan vs. Govt. (NCT of Delhi),2016 SCCOnline(Del) 14 are relied upon in support of petitioners' contention.
(3.) Respondents, on the other hand, contend that the advertisement clearly prescribes the requirement of registration of candidate under respective Medical/Paramedical/ Nursing Council with UPSMF. Since registration with UPSMF is otherwise compulsory, by operation of law, the denial by respondents to allow the petitioners to join on account of absence of their registration with UPSMF is valid.;