High Court · 2025

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Tapan Singh & Mr. Bhagwat Mehra, Advocat es for t he pet it ioners. Mr. Ganesh Dut t Kandpal, Deput y Advocat e General for t he St at e of Ut t arakhand. Mr. Ram j i Srivast ava, Advocat e Select ion Board. for Ut t arakhand Medical Service Mr. Hari Mohan Bhat ia, Advocat e Ut t arakhand. for St at e I nsurance Schem e, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUD GM EN T Ut t arakhand Medical Service Select ion Board issued an advert isem ent invit ing applicat ions against 62 vacancies on t he post of Pharm acist in ESI S Hospit als wit hin St at e of Ut t arakhand. Pet it ioners have challenged condit ion m ent ioned in Clause 17 of t hat advert isem ent 1 issued on 16.10.2024, which provides t hat select ion shall be m ade as per provisions cont ained in Ut t arakhand Em ployees St at e I nsurance Schem e Pharm acist Cadre ( Allopat hic) Service Rules, 2021 and Ut t arakhand Post of Group-A & Group- C ( Out side t he Purview of Public Service Com m ission) Direct Recruit m ent Procedure Rules,

2. Pet it ioners cont end t hat as per applicable Service Rules, select ion for appoint m ent as Pharm acist in Hospit als run by Em ployees St at e I nsurance Schem e has t o be m ade year- wise, depending on t he year of passing Pharm acy Course, and in case t wo or m ore candidat es passed Pharm acy Course in t he sam e year, t hen only t heir relat ive m erit has t o be considered.

3. Learned counsel for t he pet it ioners subm it t hat t he said crit eria of select ion laid down in t he Rules is being bypassed and t he select ion is being held by t he select ing body based on perform ance of a candidat e in t he writ t en exam inat ion while writ t en exam inat ion is not cont em plat ed anywhere in t he applicable rules.

4. Learned counsel for t he respondent s, including t he select ing body, however, subm it t hat vide not ificat ion dat ed 2.9.2021, St at e Governm ent enforced St at e I nsurance Schem e Pharm acist Cadre ( Allopat hic) Service 2 Rules, 2021. Perusal of t he said not ificat ion reveals t hat it is in supersession of t he exist ing Rules on t he subj ect . Rule 16 of t he said Rules not ified in 2021 provides t hat select ion for appoint m ent as Pharm acist shall be m ade as t he crit eria det erm ined by Ut t arakhand Medical Service Select ion Board. I t is cont ended on behalf of t he respondent s t hat even t hough under t he earlier Rules t here was a provision for select ion based on year of passing Pharm acy Course, however, aft er enforcem ent of new Rules, whereby t he earlier Rules were superseded, t he select ion crit eria has undergone a change and pet it ioners cannot now harp upon t he old crit eria of select ion when new Rules have occupied t he field. I t is furt her subm it t ed t hat t he St at e Governm ent as em ployer has fram ed t he Rules and in t he Rules it is provided t hat crit eria of select ion shall be such as is det erm ined by t he Ut t arakhand Medical Service Select ion Board. He subm it s t hat in t erm s of Rule 16 of t he new Rules int roduced in 2021, requisit ion was sent t o t he select ing body and inst ruct ions were issued t o hold writ t en exam inat ion. He subm it s t hat t he m ere fact t hat t he Ut t arakhand Medical Service Select ion Board was asked t o hold select ion reveals t he int ent ion of t he St at e Governm ent t hat St at e Governm ent also want ed select ion t o be m ade based on 3 perform ance of t he candidat e in a com pet it ive exam inat ion.

5. Law is well set t led t hat t he em ployer is at libert y t o decide as t o m ode and m anner of holding select ion and also regarding t he crit eria t o be followed while holding select ion for appoint m ent under t he St at e.

6. Art icle 14 & 16 of t he Const it ut ion also require t hat select ion for appoint m ent t o public post should be m erit based. Thus, reliance by t he pet it ioners upon t he old Rules for seeking t he relief t hat t he old crit eria of holding select ion depending on year of passing Pharm acy Course should be followed, cannot be accept ed, especially when t he new Rules have been enforced, which provide t hat select ion has t o be m erit based.

7. Thus, t his Court do not find any infringem ent of any st at ut ory provision, which m ay warrant int erference. The condit ion m ent ioned in Clause 17 of t he advert isem ent is as per t he requirem ent of law. Thus, t he relief as claim ed cannot be grant ed.

8. The writ pet it ion t hus fail and are dism issed. No order as t o cost s. ( M a n o j K u m a r Ti w a r i , J.) Dt : 16.12.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a1 31bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA 4