DIVYA YADAV & 7 OTHERS (INRE 15791 S/S 2016) Vs. STATE OF U P THRU PRIN SECY ,MEDICAL & HEALTH SERVICES & ORS

JUDGEMENT

(1.) Heard, Shri Pt.S.Chandra, learned counsel for the appellants, learned Standing Counsel for opposite parties no.1 and 2 and Shri Anupras Singh, learned counsel for opposite parties no.3 to 7.

(2.) The preset intra court special appeal under Chapter-VIII, Rule-5 of the Allahabad High Court Rules, 1952 has been filed against the judgment and order dated 11.01.2017 passed in writ petition no.15791 (SS) of 2016.

(3.) The brief facts of the case are that Dr. Ram Manohar Lohia Institute of Medical Sciences, Gomti Nagar (here-in-after referred as Institute) issued an advertisement on 08.07.2009 and invited applications for recruitment on various posts including the post of Sister Grade-II to be filled by direct recruitment. Pursuant to the advertisement a merit list was prepared as per merit of the candidates according to Rules and selections were made by the Institute accordingly on the post of Sister Grade-II. The Institute prepared a select list as per the application of reservation and Roster in the selections for the post of Sister Grade-II as per bye-laws of the Institute and in accordance with the Uttar Pradesh Public Services (Reservation for Scheduled Casts, Scheduled Tribes and Other Backward Classes) Act, 1994 (here-in-after referred as Reservation Act 1994). For determining the seniority of the post of Sister Grade-II in the Institute the provisions of Uttar Pradesh Government Servants Seniority Rules, 1991 (here-in-after referred as Seniority Rules 1991) are applicable. Accordingly the Institute issued a tentative seniority list on 09.06.2014 for the post of Sister Grade-II in accordance with the Rule 5 of the Seniority Rules 1991. The objections were invited against the tentative seniority list. Twenty four (24) employees working on the post of Sister Grade-II including the appellants submitted their objections. After considering the objections, the Institute issued the final seniority list dated 13.05.2016.