Heard learned counsel for the parties.
By means of present writ petition, the petitioner is seeking a writ in the nature of mandamus commanding the opposite parties to amend the batch year 1998 in place of 2001 in the application form submitted by the petitioner pursuant to the advertisement dated 12.11.2007 for appointment on the post of Pharmacist.
The submission of learned counsel for the petitioner is that the opposite parties issued an advertisement on 12.11.2007 whereby 766 posts of Pharmacists have been advertised to be filled up by direct recruitment in accordance with provisions of U.P. Procedure for Direct Recruitment of Group "C" Posts outside the purview of U.P. Public Service Commission Rules, 2002 as amended in 2003 (here-in-after referred to as the Rules, 2002). The petitioner completed his diploma in Pharmacy in the year 2005 from Bihar College of Pharmacy, Patna and thereafter he got registered with U.P. Pharmacy Council. Some persons challenged the advertisement dated 12.11.2007 before this Hon'ble Court in which this Hon'ble Court by means of order dated 23.05.2008 disposed of the writ petition directing to issue advertisement and constitute selection committee in terms of Rule 6 of Rules, 2002 as amended in 2003. Thereafter, various special appeals have been filed before this Hon'ble Court and this Hon'ble Court vide judgment and order dated 04.05.2009 in leading Special Appeal No. 377 of 2008 issued directions for making appointments on the basis of batch wise merit list. Learned counsel for the petitioner further submitted that the petitioner also approached this Hon'ble Court by means of Writ Petition No.4605 (S/S) of 2009 and this Hon'ble Court by means of order dated 04.08.2009 directed to provide the benefit of judgment and order dated 04.05.2009 passed in Special Appeal No.377 of 2008.
The further submission of learned counsel for the petitioner is that in pursuance of order dated 04.08.2009 passed by this Hon'ble Court the petitioner was permitted to appear in counselling. After counselling the petitioner realize that he has wrongly mentioned his batch and, therefore, he moved an application for correction of his batch from 2001 to 1998. Learned counsel for the petitioner further submits that interest of justice would be served if directions are issued to the opposite party no.2 to consider and decide the representation of the petitioner dated 18.06.2010, contained in Annexure-11 to the writ petition, with respect to correction of batch in the application form within a stipulated period of time fixed by this Hon'ble Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
In view of the above, without entering into the merits of the case, the Director General, Medical & Health Services, U.P., Lucknow is hereby directed to consider and decide the representation of the petitioner dated 18.06.2010, contained in Annexure-11 to the writ petition, by a speaking and reasoned order within a period of four weeks from the date of receipt of a certified copy of this order and communicate the decision so taken to the petitioner. Subject to the aforesaid observations and directions, the writ petition is disposed of finally.
Order Date :- 29.6.2010 Suresh/-