BRAHMA NAND DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri R.K. Ojha appearing for the petitioners. Shri Pankaj Saxena, earned Standing Counsel appears for the State respondents.

(2.) THE petitioners hold degrees of Bachelor of Ayurvadic Medicine and Surgery from the recognized Ayurvedic Colleges in the State of U.P. in the year 2003 except Dr. Awadesh Pratap Singh-petitioner No. 3 with a degree from Rajkiya Ayurvedic College, Attara, Banda in the year 2001. THEy are aggrieved by the advertisement No. 6/09-10 of the Public Service Commission, U.P. advertising 338 vacancies of Medical Officers (Government Ayurvedic Hospitals) backlog. THE advertisement invites applications to fill up 338 vacancies out of which 142 vacancies reserved for the doctors belonging to Other Backward Classes; 159 belonging to Scheduled Caste and 37 belonging to Scheduled Tribes.

(3.) SHRI R.K. Ojha submits that in that writ petition (Writ Petition No. 65734/ 2008) a counter-affidavit was filed stating that out of total strength of Ayurvedic Medical Officers of 1780 posts, 1456 posts were already filled up and there were 324 vacant posts. He submits that out of 1456 there must be 393 OBC, 306 SC and 29 ST category doctors and thus the backlog should not be more than 103 OBC, 217 SC and 29 ST. In the counter-affidavit, it was also stated that the appointment letters were issued in favour of the persons, who were selected in reserved category (backlog). SHRI Ojha submits that according to counter-affidavit, the backlog vacanties were already filled up and thus issuing an advertisement again for the same backlog vacancies on the posts is arbitrary and illegal.