JUDGMENT Hon’ble Ram Surat Ram (Maurya), J.—Heard the counsels for the petitioners in the aforementioned writ petitions and Standing counsel, for State of U.P. As common controversy is involved in the aforementioned writ petitions as such these were consolidated, heard together and are being decided by a common judgment. 2. These writ petitions have been filed for quashing the advertisement of 5628 vacancies of the post of “Health Worker (Female)” for direct recruitment and for mandamus, directing the respondents to appoint the petitioners on the basis of their batch-wise seniority of training and also to relax age limit, for those candidates. who have become overage. 3. The petitioners are claiming themselves to be qualified for appointments on the post of “Health Worker (Female)”and they are working on this post on contract basis. They submitted that according to provisions of Service Rules and scheme of Government, they are entitled to be appointed in regular vacancies, in order of their batch-wise seniority of training. Details relating to the names of the petitioners, their training period and appointment on contractual basis are given writ petition-wise in the chart below : W.P. No. Name Training Period Date of Appointment as ANM 60245 of 2016 Priyanka Shukla Sep. 09 - May 11 7.9.2012 Anjana Shukla Sep. 09 - May 11 28.8.2012 Shree Prabha Sep. 09 - May 11 8.9.2012 Mamta Devi Sep. 09 - May 11 7.9.2012 Divya Devi Sep. 09 - May 11 7.9.2012 Asha Devi Jan. 09 - Aug 10 10.5.2011 Pramila Devi Jan. 09 - Aug 10 10.5.2011 Vimla Devi Jan. 09 - Aug 10 10.5.2011 Sarita Devi Jan. 09 - Aug 10 14.5.2011 Niteshwari Jan. 09 - Aug 10 10.5.2011 Rama Devi Jan. 09 - Aug 10 11.5.2011 Anita Pandey Jan. 09 - Aug 10 23.4.2011 Rachna Srivastava Jan. 09 - Aug 10 23.4.2011 Babita Singh Jan. 09 - Aug 10 23.4.2011 Hemlata Devi Jan. 09 - Aug 10 23.4.2011 Riti Pandey Jan. 09 - Aug 10 23.4.2011 Sanhita Devi Jan. 09 - Aug 10 2.4.2011 Jyoti Kumari Sep. 10 - June 12 31.12.2012 Nitu Rai Sep. 09 - May 11 2012 Neetu Devi Sep.10 - June 12 24.12.2012 Mamta Yadav Sept 10 - June 12 12.12.2012 Priti Rai Sept 09- May 11 12.12.2012 Manisha Rai Sep. 09 - May 11 18.12.2012 Binu Singh Sept. 10 - June 12 24.12.2012 Gita Pal Sept. 10 - June 12 31.12.2012 Nitu Rai Sep. 09 - May 11 2012 Neetu Devi Sep.10 - June 12 24.12.2012 Mamta Yadav Sept 10 - June 12 12.12.2012 Priti Rai Sept 09- May 11 12.12.2012 Manisha Rai Sep. 09 - May 11 18.12.2012 Binu Singh Sept. 10 - June 12 24.12.2012 Gita Pal Sept. 10 June 12 6.9.2012 Poonam Yadav Sept 10 - June 12 24.12.2012 Neelam Yadav Jan 09 - Aug. 10 23.4.2011 Manisha Rai Sept 09 - May 11 12.12.2012 761 of 2017 Rita Kumari Apr 09 - Apr 11 10.6.2011 19.7.2012 1037 of 2017 Bandana Rai Sep. 09 - May 11 13.9.2012 Sindhoo Rai Sep. 10 - June 12 12.11.2012 Archana Rai Sep. 09 - May 11 12.11.2012 Shakuntala Singh Sep. 09 - May 11 7.9.2012 Nirupama Sep. 10 - June 12 12.12.2012 Rita Rai Sep. 09 - May 11 7.9.2012 Pratibha Singh Sep. 10 - June 12 31.1.2013 Ratna Mala Rai Sep. 10 - June 12 12.11.2012 Ragini Rai Sep. 10 - June 12 12.11.2012 Bandana Rai Sep. 10 - June 12 12.11.2012 Mamta Singh Sep. 09 - May 11 30.8.2012 Priyanka Rai Sep. 09 - May 11 7.9.2012 Ranaja Ray Sep. 10 - June 12 31.8.2012 Sarita Rai Sep. 09 - May 11 31.8.2012 Neha Rai Sep. 10 - June 12 - Rubi Rai Sep. 09 - May 11 6.1.2015 Reema Devi Sep. 10 - June 12 11.3.2013 Purnima Singh Sep. 10 - June 12 12.12.2012 Namita Rai Sep. 10 - June 12 15.12.2012 Sangita Rai Sep. 09 - May 11 24.12.2012 Ranju Singh Sep. 10 - June 12 24.12.2012 Rachana Rai Sep. 09 - May 11 7.9.2012 Raginee Sep. 09 - May 11 31.8.2012 Bandana Rai Sep. 09 - May 11 24.12.2012 1998 of 2017 Babita Devi Mar. 10 - Jan. 12 17.7.2012 2093 of 2017 Sangita Devi Sep. 09 - May 11 20.7.2012 Reena Kumari Oct. 11 - Apr. 13 22.7.2014 Poonam Rani Sep. 09 - May 11 20.7.2012 Kiran Chauhan Sep. 09 - May 11 20.7.2012 Preeti Bala Oct. 11 - Apr. 13 1.9.2014 Neera Rani Oct. 11 - Apr. 13 22.7.2014 Sangeeta Devi Oct. 11 - Apr. 13 10.10.2014 Reena Devi Mar. 10 - Jan. 12 18.7.2012 3246 of 2017 Sushila Devi 19.2.03 - 19.8.04 26.6.2008 Akansha Malviya Sep. 09 - May 11 30.8.2012 Uma Puspakar Sep. 09 - May 11 12.9.2012 Ayshmati Mishra Mar. 10 - Jan. 11 - Apr. 13 1.9.2014 Neera Rani Oct. 11 - Apr. 13 22.7.2014 Sangeeta Devi Oct. 11 - Apr. 13 10.10.2014 Reena Devi Mar. 10 - Jan. 12 18.7.2012 3246 of 2017 Sushila Devi 19.2.03 - 19.8.04 26.6.2008 Akansha Malviya Sep. 09 - May 11 30.8.2012 Uma Puspakar Sep. 09 - May 11 12.9.2012 Ayshmati Mishra Mar. 10 - Jan. 12 21.9.2012 Pratibha Rai Sep. 09 - May 11 7.9.2012 Geeta Devi Jan. 09 - May 11 10.5.2011 Kusum Pandey Jan. 09 - Aug. 10 10.5.2011 Archana Rani Singh Jan. 09 - Aug. 10 10.5.2011 Lalti Devi Jan. 09 - Aug. 10 10.5.2011 Usha Devi Jan. 09 - Aug. 10 10.5.2011 Kuxmi Maurya Jan. 09 - Aug. 10 13.5.2011 Shashi tiwari Jan. 09 - Aug. 10 13.5.2011 Arti Kushwaha Jan. 09 - Aug. 10 13.5.2011 Bindu Maurya Jan. 09 - Aug. 10 13.5.2011 Archana Singh Jan. 09 - Aug. 10 8.6.2011 Kanak Lata Singh Jan. 09 - Aug. 10 8.6.2011 Vibha Mahendra Sep. 10 - June 12 29.8.2012 Km. Seema Sep. 10 - June 12 31.3.2015 Roli Singh Sep. 09 - May 11 31.8.2012 Km. Shalini Oct. 11 - Apr. 13 10.6.2015 Preeti Shukla Sep. 10 - June 12 8.10.2012 Soni Verma Sep. 10 - June 12 5.6.2015 Km. Babita Sep. 12 - Sep. 14 10.6.2015 Pratima Devi Sep. 09 - May 11 8.10.2012 Anupama Sep. 09 - May 11 6.6.2015 Madhuri Lata Maurya Sep. 09 - May 11 26.3.2015 Neeha Singh Sep. 09 - May 11 24.12.2014 Indra Lali Sep. 13 - Sep. 15 9.2.2016 Smt. Ranno Yadav Jan. 09 - Aug. 10 17.5.2011 Smt. Nirmala Devi Jan. 09 - Aug. 10 11.5.2011 5112 of 2017 Smt. Shama Parveen Sept 12 - Sep 14 18.3.2016 Km. Hira Raza Sept 13 - Sep 15 29.6.2016 5649 of 2017 Bina Singh June 2012 11.3.2013 6036 of 2017 Bandana Devi Sep. 09 - May 11 17.12.2012 Poonam Dubey Sep. 10 - June 02 15.4.2015 Pratiksha Singh Sep. 03 - Sep. 15 20.12.2016 6519 of 2017 Reena Devi Sept 12 - Sep 14 10.4.2015 Preeti Singh Yadav Mar 12 Nov 13 16.10.2014 Km. Madhu Sept 12 - Sep 14 10.4.2015 Kiran Pal Mar 12 Nov 13 16.10.2014 6684 of 2017 Nagita Maurya Sep. 10 - June 12 5.11.2014 Sangita Rai Sep. 11 - Nov. 13 9.11.2014 Kaushabu Singh May 11 - Dec. 12 25.11.2014 Kanchan Rai Aug. Madhu Sept 12 - Sep 14 10.4.2015 Kiran Pal Mar 12 Nov 13 16.10.2014 6684 of 2017 Nagita Maurya Sep. 10 - June 12 5.11.2014 Sangita Rai Sep. 11 - Nov. 13 9.11.2014 Kaushabu Singh May 11 - Dec. 12 25.11.2014 Kanchan Rai Aug. 09 - May 11 17.11.2014 Kiran Rai Aug. 09 - May 11 7.11.2014 Radhika Rai Aug. 09 - May 11 6.1.2015 Archana Rai Aug. 09 - May 11 6.1.2015 Sandhya Rai Sep. 09 - May 11 30.9.2014 Sunita Upadhyaya Sep. 10 - June 11 20.12.2014 Akansha Rai Sep. 10 - June 12 21.4.2015 Suman Rai Sep. 09 - May 11 6.1.2015 Sambidha Devi Sep. 12 - Sep. 14 21.4.2015 Anita Kumari May 11 - Dec. 12 6.1.2015 Sarita Rai Oct. 11 - Apr. 13 19.11.2014 8933 of 2017 Anuradha Singh Sep. 10 - June 12 6.1.2015 Ravi Prabha Rai Oct. 11 - Apr. 13 6.1.2015 Sanjoo Pal Apr. 10 - June 12 6.1.2015 Sarojini Devi Sep. 10 - June 12 6.1.2015 Annu Rai Oct. 11 - Apr. 13 11.8.2015 Priyanka Rai Sep. 10 - June 12 6.1.2015 Sangita Rai Sep. 12 - Mar. 15 25.10.2016 Chhaya Singh Sep. 09 - Mar. 11 20.6.2015 Sadhana Rai Sep. 10 - June 12 15.6.2015 9630 of 2017 Sunita Yadav Sep. 09 - Nov. 11 20.9.2014 11246 of 2017 Nandani Rai Oct. 11 - Apr. 13 16.3.2015 Sangita Rai Sep. 10 - June 12 25.2.2012 Rani Sep. 09 - May 11 31.3.2012 Mamta Tiwari Jan. 95 - June 96 26.5.2006 12131 of 2017 Geeta Singh Oct. 11 - Apr 13 3.6.2015 Rinku Singh Oct. 11 - Apr 13 27.5.2015 Nirmala Sep. 10 - June 12 21.4.2015 Sadhana Rai Sep. 12 - Sep. 14 23.4.2015 Urmila Kumari Sep. 10 - June 12 21.4.2015 Gita Yadav May 10 - Jan 12 21.4.2015 Nirmala Chauhan Sep. 10 - June 12 21.4.2015 Shashibha Rai Sep. 10 - June 12 22.4.2015 Sadhana Gupta Sep. 10 - June 12 7.7.2015 Sangeeta Devi Oct. 11 - Apr. 13 22.4.2015 Neelam Rai Sep. 10 - June 12 2.7.2015 Sangeeta Rai Oct. 11 - Apr. 13 2.7.2015 Shashi Kala Srivastava Oct. 11 - Apr. 13 3.5.2016 Sanjoo Prajapati Sep. 13 - June 15 3.5.2016 Rekha Rai Oct. 11 - Apr. 13 3.5.2016 Renu Rai Sep. 09 - May 11 5.6.2015 13417 of 2017 Abha Rai Sep. 09 - May 11 22.4.2015 13641 of 2017 Neha Devi Sep. 11 - Apr. 13 2.7.2015 Shashi Kala Srivastava Oct. 11 - Apr. 13 3.5.2016 Sanjoo Prajapati Sep. 13 - June 15 3.5.2016 Rekha Rai Oct. 11 - Apr. 13 3.5.2016 Renu Rai Sep. 09 - May 11 5.6.2015 13417 of 2017 Abha Rai Sep. 09 - May 11 22.4.2015 13641 of 2017 Neha Devi Sep. 10 - June 12 24.12.2012 Sudama Devi Oct. 11 - Apr. 13 1.2.2016 Kamini Kori Oct. 11 - Apr. 13 1.2.2016 14043 of 2017 Vinay Kumari Sep. 12 - Sep. 14 13.4.2015 Rakhi Sep. 12 - Sep. 14 8.5.2015 Meenakshi Sep. 12 - Sep. 14 8.5.2015 Sona Kumari Sep. 12 - Sep. 14 8.5.2015 Neeta Kumari Sep. 12 - Sep. 14 8.5.2015 Lalitsh Kumari Sep. 12 - Sep. 14 8.5.2015 Nitu Singh Sep. 12 - Sep. 14 30.6.2015 Chandramukhi Sep. 12 - Sep. 14 30.6.2015 Neetu Kumari Sep. 12 - Sep. 14 30.6.2015 Anjali Rajauria Sep. 12 - Sep. 14 30.6.2015 Sadhna Sep. 12 - Sep. 14 30.6.2015 15334 of 2017 Manisha Chauhan Sep. 13 - Sep. 15 15.2.2016 14320 of 2017 Saroj Pandey Sep. 10 - June 12 20.9.2014 Maya Yadav Dec. 09 - Jan. 12 20.9.2014 Suman Yadav Sep. 09 - May 11 20.9.2014 Krishna Kumari Sep. 10 - June 12 20.9.2014 Simpa Rai Sep. 09 - May 11 20.9.2014 15984 of 2017 Km. Rekha Sep. 14 - Sep. 16 3.6.2015 25791 of 2017 Smt. Archana Rai Sep. 09 -May 11 4.6.2015 30615 of 2017 Ram Kanti 16.10.2014 Yogendra Vati 17.10.2014 Mamta Devi 16.10.2014 Arti Devi 16.10.2014 Poonam Pal 18.10.2014 Rakhi 17.8.2014 Neetu Yadav 16.10.2014 4. In order to reduce mother & infant mortality rates, total fertility rates, prevention and reduction of anaemia in woman, prevent and reduce mortality & forbidding from communicable, non-communicable injuries and emerging deceases, reduce annual incidence and mortality from tuberculosis, reduce prevalence of leprosy, annual malaria incidence, microfileria prevalence, Kala Azar elimination and reduce measles mumps and reballa etc. Government of India launched National Health Mission Programme for rural and urban areas. Various activities of National Health Mission are discharged through ‘Health workers (Female/Male). Completion of one and half year training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow is eligibility for appointment of ‘Health Worker (Female/Male). Various activities of National Health Mission are discharged through ‘Health workers (Female/Male). Completion of one and half year training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow is eligibility for appointment of ‘Health Worker (Female/Male). In exercise of powers under Article 309 of the Constitution, Governor of State of U.P. framed Uttar Pradesh Medical Health and Family Welfare Department Health Workers and Health Supervisors (Male and Female) Rules, 1997, (hereinafter referred to the Rules) creating permanent posts of Health Workers and Health Supervisors (Male and Female) of Group-C and providing other provisions relating to terms and conditions of service. Rules-5, 8 and 15, are relevant for deciding the controversy raised in these writ petitions are quoted below : “5. Source of recruitment.—Recruitment to the various categories of posts in the Service shall be made from the following sources: “(1) Health Worker (Male).—By Direct Recruitment through the Commission from amongst such male candidates who have successfully completed one year basic health worker training course conducted by departmental divisional training centers (previously known as Regional Health and Family Welfare Training Centres) of the State: (2) Health Worker (Female).—By Direct Recruitment through the Commission from amongst such female candidates who have successfully completed one year and a half year basic mahila health worker training course (including six months training related to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council Lucknow and who are duly registered in the Uttar Pradesh Nurses and Midwives Council, Lucknow. Note.—Health Workers (Male) and Health Workers (Female) who have successfully completed prescribed training of Basic Health Workers (Male) and (Female) on or before commencement of these Rules shall be considered for appointment first in order of batchwise seniority arranged on the basis of marks obtained by them in the training. The Commission shall not hold any recruitment under these rules unless all such who are willing to join the Service, have been considered for appointment. (3) Health Supervisor (Male).—(a) By promotion through a Departmental Selection Committee from amongst substantively appointed health workers (male) who have completed ten years srvice as uch and have successfully completed six months Health Supervisor (male) training prescribed by the Government on the first day of the year of recruitment. (3) Health Supervisor (Male).—(a) By promotion through a Departmental Selection Committee from amongst substantively appointed health workers (male) who have completed ten years srvice as uch and have successfully completed six months Health Supervisor (male) training prescribed by the Government on the first day of the year of recruitment. (b) The Director General, shall from time to time organise and impart the training referred to in Clause (c) to Health Workers (Male) in order of seniority before placing their names before the Selection Committee for recruitment by promotion to the post of Health Supervisor (Male), (4) Health Supervisor (Female).—(a) By promotion through the Selection Committee from amongst substantively appointment Health Workers (Female) who have completed ten years service as Supervisor’s (Female) training prescribed by the Government on the first day of the year of recruitment. (b) The Director General, Family Welfare, U.P. from time to time shall organise and impart the training referred to in Clause (c) to Health Worker (Female) in order of seniority before placing their names before the Selection Committee for recruitment by promotion to th post of Health Supervisor (Female). 8. Academic Qualification.—(I) A candidate for Direct Recruitment to the post of Health Worker (Male) must have successfully completed prescribed training course for Basic Health Worker (Male) conducted by the Departmental Divisional Training Centres (previously know as Regional Health and Family Welfare Training Centers) of the State of Uttar Pradesh. (II) A candidate for Direct Recruitment is to the post of Health Worker (Female) must have successfully completed prescribed training course for Basic Health Worker (Female) conducted by the Uttar Pradesh Nurses and Midwives Council, Lucknow and is also a duly registered in the Uttar Pradesh Nurses and Midwives Council, Lucknow 15. Procedure for Direct Recruitment.—(1) Applications for being considered for selection shall be called by the commission in the prescribed form published in the advertisement issued by the Commission. (2) The Commission shall having regard to the need for securing the representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates, who fulfill the requisite qualifications as they consider proper (3) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the name of the candidate senior in age shall be placed higher in the list. The number of the name in the list shall be larger (but not larger by more than 15 per cent) than the number of vacancies. The Commission shall forward the list of the Appointing Authority. 5. The Rules were amended by Notification dated 10.9.1998. The number of the name in the list shall be larger (but not larger by more than 15 per cent) than the number of vacancies. The Commission shall forward the list of the Appointing Authority. 5. The Rules were amended by Notification dated 10.9.1998. Amended Rules-5, 8 and 14-Ka are relevant, are quoted below: HkRkhZ dk Jksr 5&lsok esa fofHkUu Jsf.k;ksa ds inksa ij HkrhZ fuEufyf[kr Jksrks ls dh tk;sxh%& ¼1½ LokLF; dk;ZdrkZ iq:"k vH;fFkZ;ksa esa ls ftUgksusa jkT; ds foHkkxh; e.Myh; izf'k{k.k dsUnzksa ftUgsa iwoZ esa {ks=h; LokLF; ,oa ifjokj dY;k.k dsUnz dgk tkrk Fkk ds :i esa tkus tkrs Fks }kjk lapkfyr ,d o"kZ dk csfld LokLF; dk;ZdrkZ izf'k{k.k dkslZ lQyrkiwoZd iwjk dj fy;k gks] p;u lfefr ds ek/;e ls lh/kh HkrhZ }kjkA ¼2½ LokLF; dk;ZdrkZ efgyk ,slh efgyk vH;fFkZ;ksa esa ls ftUgksus mRrj izns'k ulZ ,.M feMokbQ dkSafly] y[kuÅ }kjk lapkfyr Ms<+ o"kZ dk csfld efgyk LokLF; dk;ZdrkZ izf'k{k.k dkslZ ¼ftlus N% ekg dk izlo izf'k{k.k lfEefyr gS½ lQyrkiwoZd iwjk dj fy;k gks vkSj tks mRrj izns'k ulZ ,.M feMokbQ dkSafly y[kuÅ esa lE;d :i ls jftLVªhd`r gksA ¼3½ LokLF; Ik;Zos{kd ¼iq:"k½ ekSf[kd :i ls fu;qDr LokLF; dk;ZdrkZvksa ¼iq:"k½ esa ls ftUgksus HkrhZ ds o"kZ ds izFke fnol bl :i esa nl o"kZ dh lsok iwjh dj yh gks vkSj Lkjdkj }kjk fofgr LokLF; Ik;Zos{kd ¼iq:"k½ dk N% ekg dk izf'k{k.k lQyrkiwoZd iwjk dj fy;k gks & p;u lfefr ds ek/;e ls inksUufr }kjk% ijUrq ;fn Ik;kZIr la[;k es izf'kf{kr LokLF; dk;ZdrkZ ¼iq:"k½ inksUufr ds fy, miyCèk u gks rks ekSfyd :i ls fu;qDr vizf'kf{kr LokLF; dk;ZdrkZ ¼iq:"k½ dks ftUgksus HkrhZ ds o"kZ ds izFke fnol dks bl :i esa nl o"kZ dh lsok iwjh dj yh gks lfEefyr djus ds fy, ik=rk ds {ks= dk foLrkj fd;k tk ldrk gSA ,sls inksUufr O;fDr LokLF; Ik;Zos{kd ¼iq:"k½ ds in ij viuh inksUufr ds rqjUr ckn lsok dky izf'k{k.k izkIr djsaxsA ¼4½ LokLF; Ik;Zos{kd ¼efgyk½ ekSfyd :i ls fu;qDr LokLF; dk;ZdrkZ efgyk es ls ftUgksaus HkrhZ ds o"kZ ds izFke fnol dks bl :i esa nl o"kZ dh lsok iwjh dj yh gks vkSj ljdkj }kjk fofgr LokLF; Ik;Zos{kd efgyk N% ekl dk izf'k{k.k lQyrkiwoZd iwjk dj fy;k gks] p;u lfefr ds ek/;e ls inksUufr }kjkA ijUrq ;fn Ik;kZIr la[;k esa izf'kf{kfr LokLF; dk;ZdrkZ efgyk] inksUufr ds fy, miyCèk u gks rks ekSfyd :i ls fu;qDr ,slh vizf'kf{kr LokLF; dk;ZdrkZ efgyk dks ftUgksus HkrhZ ds o"kZ ds izFke fnol dks bl :i esa nl o"kZ dh lsok iwjh dj yh gks lfEefyr djus ds fy, ik=rk ds {ks= dk foLrkj fd;k tk ldrk gSA ,slh inksUufr efgyk LokLF; Ik;Zos{kd ¼efgyk½ ds in ij viuh inksUufr ds rqjUr ckn lsokdky izf'k{k.k izkIr djsxhA 'kSf{kd vgZrk 8&¼1½ LokLF; dk;ZdrkZ iq:"k ds in ij lh/kh HkrhZ ds fy, ;g vko';d fd vH;FkhZ ds mRrj izns'k ds foHkkxh; eaMyh; izf'k{k.k dsUnzks ¼tks igys {ks=h; LokLF; ,oa ifjokj dY;k.k dsUnzksa ds :i esa tkus tkrs Fks½ }kjk vk;ksftr csfld LokLF; dk;ZdrkZ iq:"k ds fy, fofgr izf'k{k.k lQyrkiwoZd iwjk dj fy;k gksA ijUrq mRrj izns'k] fpfdRlk LokLF; vkSj ifjokj dY;k.k foHkkx LokLF; dk;ZdrkZ vkSj LokLF; ifjos{kd ¼iq:"k vkSj efgyk½ lsok izFke la'kks/ku fu;ekoyh] 1998 ds izkjEHk gksus ds i'pkr ,sls izf'k{k.k ds fy, p;fur fd;s tkus ds fy, ;s vko';d gS fd vH;FkhZ ek/;fed f'k{kk ifj"kn mRrj izns'k dh foKku fo"k; ds lkFk baVj ehfM;V ijh{kk ;k ljdkj }kjk mlds led{k ekU;rk izkIr dksbZ ijh{kk mRrh.kZ dh gksA ¼5½ LokLF; dk;ZdrkZ efgyk ds in ij lh/kh HkrhZ ds fy, ;s vko';d gS fd vH;FkhZ us mRrj izns'k ulsZl ,.M feMokbQ dkSafly y[kuÅ }kjk vk;ksftr csfld LokLF; dk;ZdrkZ efgyk ds fy, fofgr izf'k{k.k lQyrkiwoZd iwjk dj fy;k gks vkSj mRrj izns'k ulsZl ,.M feMokbQ dkSafly esa lE;d :i ls jftLVªhd`r gks%& ijUrq mRrj izns'k] fpfdRlk LokLF; vkSj ifjokj dY;k.k foHkkx LokLF; dk;ZdrkZ vkSj LokLF; ifjos{kd ¼iq:"k vkSj efgyk½ lsok ¼izFke la'kks/ku½ fu;ekoyh] 1998 ds izkjEHk gksus ds i'pkr ,sls izf'k{k.k ds fy, p;fur fd;s tkus ds fy, ;s vko';d gS fd vH;FkhZ us ek/;fed f'k{kk ifj"kn mRrj izns'k dh foKku fo"k; ds lkFk baVj ehfM;V ijh{kk ;k ljdkj }kjk mlds led{k ekU;rk izkIr dksbZ ijh{kk mRrh.kZ dh gksA izf'k{k.k ds fy, p;u izfdz;k 14&d ¼1½ mRrj izns'k] fpfdRlk LokLF; vkSj ifjokj dY;k.k foHkkx LokLF; dk;ZdrkZ vkSj LokLF; ifjos{kd ¼iq:"k vkSj efgyk½ lsok ¼izFke la'kks/ku½ fu;ekoyh] 1998 ds izkjEHk ds i'pkr fu;e 8 esa fufnZ"V izf'k{k.k ds fy, vH;fFkZ;ksa ds p;u dh izfdz;k le; le; ij ;Fkk la'kksf/kr mRrj izns'k ¼mRrj izns'k yksdlsok vk;ksx ds {ks= ds ckgj½ lewg ^^x^^ ds inksa ij lh/kh HkrhZ dh izfdz;k fu;ekoyh 1998 ds micU/kks ds vuqlkj dh tk;sxhA izf'k{k.k ds fy, p;fur gksus okys vH;fFkZ;ksa dh la[;k lsok esa fjfDr;ksa dh la[;k ds vuq:i gksxhA ¼6½ mifu;e ¼1½ ds v/khu p;u djrs le; fu;e 1 esa fufnZ"V vkj{k.k ds miyC/kksa dk vuqlj.k fd;k tk;sxkA 6. By amended Rule-8, academic qualification was changed. Under Rule-8 (ii) of the Rules, 1997, academic qualification for “Health Worker (Female)” was completion of training course for Basic Health Worker (Female) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow. By amendment in 1998, a Proviso has been added in Rule 8 to the effect that after coming into effect of Uttar Pradesh Medical Health and Family Welfare Department Health Workers and Health Supervisors (Male and Female) (First Amendment) Rules, 1998, it would be necessary for selection for training that the candidate must have passed Intermediate Examination with Science subject from Intermediate Education Board U.P. or any equivalent degree. Rule-14-A was inserted in the Rules for the purposes of selecting the candidates for training, which provides that number of candidates selected for training should be in accordance with the vacancies available for appointment. 7. Subsequently Health and Family Welfare Department of State of U.P. realized that requisite numbers of candidates for training with qualification of ‘Intermediate Science’ were not available as such it framed Uttar Pradesh Health Workers (Female/Male) Regulation Instruction, 2007 w.e.f. 3.10.2007, making essential qualification for training as passing Intermediate Examination. Uttar Pradesh Health Workers (Female/Male) Regulation Instruction, 2007 was amended by Notification dated 12.11.2012 and again essential qualification for training has been prescribed as passing Intermediate Examination in Science. 8. State of U.P. advertised total 5628 vacancies of ‘Health Worker (Female)’ for direct recruitment on 1.12.2016. In which essential qualification has been prescribed (i) completion of training course for Basic Health Worker (Female) (of one and half year/at present two years) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow and (ii) who have done training during 10.9.1998 to 2.12.2007 and after 12.11.2012 till today must have passed Intermediate Examination in Science and from 3.12.2007 to 11.11.2012 must have passed Intermediate Examination. Age limit as on 1.7.2016 is prescribed between 18 years to 40 years as well as relaxation to SC, ST and OBC candidates according to Government Orders. Hence these writ petitions have been filed. 9. I have considered the arguments of the counsel for the parties and examined the record. Age limit as on 1.7.2016 is prescribed between 18 years to 40 years as well as relaxation to SC, ST and OBC candidates according to Government Orders. Hence these writ petitions have been filed. 9. I have considered the arguments of the counsel for the parties and examined the record. Eligibility for appointment of ‘Health Worker (Female/Male)’ was completion of one and half year training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow. Note appended to Rule-5 of the Rules provided that Health Workers (Male) and Health Workers (Female) who had successfully completed prescribed training of Basic Health Worker (Male) and (Female) on or before commencement of these Rules shall be considered for appointment first in order of batch-wise seniority, arranged on the basis of marks obtained by them in the training and Commission shall not hold any recruitment unless all such who were willing to join the service had been considered for appointment. Rules 17 (2) and (3) of Amendment Rules 1998, provides similar provisions that the candidates who have completed training during 1986 to 1991, be appointed first, batch-wise and unless all such who were willing to join the service, had been considered for appointment, Commission shall not hold any recruitment. 10. The vacancies of Basic Health Workers (Female) for direct recruitment as advertised on 19.11.2012 was challenged in Writ Petition No. 190 (S/S) of 2013 and other connected writ petitions, in which, this Court, by judgment dated 1.2.2013, held that Basic Health Workers (Female) working on contract basis were entitled for appointments, giving age relaxation as they were eligible. State of U.P. did not challenge judgment dated 1.2.2013. Some similarly situated persons, who had completed training of Basic Health Workers (Female) but were having educational qualification as High School, filed Review Petition Nos. 92 and D-560 of 2013, which were also allowed by judgment dated 21.10.2013. In Counter-affidavit filed on behalf of the respondents, it is admitted that judgment dated 1.2.2013 was not challenged. Special Appeal Defective No. 848 of 2013 was filed against judgment dated 21.10.2013 but it was dismissed by judgment dated 17.12.2013. Special Leave to Appeal (C) No. 8302 of 2014, filed against aforesaid orders has been dismissed on 4.8.2014. In Counter-affidavit filed on behalf of the respondents, it is admitted that judgment dated 1.2.2013 was not challenged. Special Appeal Defective No. 848 of 2013 was filed against judgment dated 21.10.2013 but it was dismissed by judgment dated 17.12.2013. Special Leave to Appeal (C) No. 8302 of 2014, filed against aforesaid orders has been dismissed on 4.8.2014. But the arguments on behalf of the respondents is that Note appended to Rule-5 of the Rules and Rule 17 (2) and (3) of the Rules as amended in 1998 had limited application to the candidate who had completed training before 5.9.1997 or during 1986 to 1991. This Court has held that judgment dated 21.10.2013 should not form precedence as such the petitioners cannot claim benefit on its basis. 11. By Amended Rules, 1998, Rule-14-A has been added, making it mandatory for selection of the candidates for training according to the provisions of selection for appointment of a direct recruitment and number of vacancies for training should be in consonance of number of vacancies for direct recruitment. Source of recruitment for appointment of ‘Health Worker (Female/Male)’ as provided under Rule-5 is completion of one and a half year training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow. Purpose of completing training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow are not an empty formality. A combined reading of Rule-5 and Rule-14-A of Amended Rules, 1998 make it clear that purpose of selecting candidates for training conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow, applying the selection process of direct recruitment and number of such trainees are limited to the vacancies available for direct appointment, their registration with Uttar Pradesh Nurses and Midwives Council, Lucknow, is to appoint on the basis of batch-wise seniority of training. 12. So far as educational qualification for training is concerned, in Notification dated 1.10.2016, due care has been taken of the amendment made by Uttar Pradesh Health Workers (Female/Male) Regulation Instruction, 2007. 12. So far as educational qualification for training is concerned, in Notification dated 1.10.2016, due care has been taken of the amendment made by Uttar Pradesh Health Workers (Female/Male) Regulation Instruction, 2007. Essential qualification for appointment of ‘Health Worker (Female/Male)’ is completion of one and half year training course of Basic Health Worker (Female/Male) (for Female 6 months training relating to deliveries) conducted by Uttar Pradesh Nurses and Midwives Council, Lucknow and registration with Uttar Pradesh Nurses and Midwives Council, Lucknow. Once State Government permitted a candidate to complete training of Basic Health Worker (Female/Male), it cannot deny appointment on the basis of education which was necessary for training. The persons who have completed training, form one class and there can be no discrimination on the basis of educational subject. The requirement of the doctrine of reasonable classification is that such classification must bear a nexus to the objects sought to be achieved. The candidates have already completed required training and have become eligible to discharge duties of ‘Health Worker (Female/Male). At the time of their selection for training, they were having requisite qualifications. At the time of appointment, there is no nexus to the object of job performed by ‘Health Worker (Female/Male) to classify them on the basis of their subject in Intermediate Examination. Such a discrimination is arbitrary and violative of Article 14 of the Constitution. Age relaxation has already been granted. 13. In the result writ petitions succeed and are allowed. The respondents are directed to consider the petitioners for appointments on the posts of Health Worker (Female) as advertised on 1.12.2016, on the basis of their batch-wise seniority of training.