Dinesh Kumar vs State of U.P. and Others

Dilip Gupta, J.—The Petitioner submitted an application for appointment on the post of Pharmacist (Allopathic) pursuant to the advertisement dated 12.11. 2007.

The Petitioner passed the Diploma in Pharmacy in 1999 and was registered with the State Pharmacist Council, U.P. in 2001. According to the Petitioner, the merit list has to be prepared by batch wise in accordance with the judgment and order of the Court in Special Appeal No. 377 of 2008 (Prem Chandra and Ors. v. State of U.P.) decided on 04.05.2009.

It is the contention of the learned Counsel for the Petitioner that under Rule 15(2) of the U.P. Pharmacists Service Rules, 1980, the Selection Committee has to prepare a list of candidates in order of merit as disclosed by the marks obtained by them in the Diploma Examination and, therefore, for the preparation of the list of the candidates in order of merit, year of registration with the State Pharmacy Council, U.P. is not required to be looked into, though it may be an essential criteria as provided for in Rule 8.

Learned Standing Counsel appearing for the Respondents may seek instructions/file a counter affidavit within two weeks.