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2019 DIGILAW 2664 (ALL)

Siddharth Upadhyay v. State of U. P.

2019-11-28

MAHESH CHANDRA TRIPATHI

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JUDGMENT : Mahesh Chandra Tripathi, J. Heard Shri Jitendra Kumar, learned counsel for the petitioners and Shri B.B. Pandey, learned Chief Standing Counsel for the State respondent nos.1 to 7. 2. Notices need not be issued to the private respondents no. 8 to 10 in view of the order proposed to be passed. 3. The petitioners have approached this Court for following reliefs:- "(a) Issue a writ, order or direction in the nature of mandamus commanding upon the respondent authorities to disengage the incumbents working on the post of Technical Assistants/Lab Technicians in Viral Diagnostic Research Laboratories (VDRL) of Sarojini Naidu Medical College, Agra; G.S.V.M. Medical College, Kanpur; B.R.D. Medical College, Gorakhpur and Lala Lajpat Rai Memorial, Government Medical College, Meerut (Respondent nos.1, 5, 6 and 7 respectively); (b) Issue a writ, order or direction in the nature of mandamus commanding upon the respondent authorities to make selection and appointment on the posts of Technical Assistants/Lab Technician in the Viral Diagnostic Research Laboratories (VDRL) of all the Medical Colleges across the State among the candidates who possess requisite qualification for the said post as per Govt. Order dated 20.12.2003 and U.P. Lab Technician (Medical, Health & Family Welfare Department) Service Rules, 1994; (c) Issue any other suitable writ order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case; (d) Award cost of this petition to the petitioners." 4. Learned counsel for the petitioners states that the petitioners possess Diploma in Lab Technician and they are also registered with the U.P. State Medical Faculty. They are eligible and qualified for the appointment on the post of Lab Technician in Government departments. The services of Technician Assistant/Lab Technicians in U.P. Government Medical Colleges are governed by the U.P. Lab Technician (Medical, Health & Family Welfare Department) Service Rules, 1994. The respondent nos.4 to 7 made selection and appointed such candidates, who do not possess requisite qualification for the post of Lab Technician. So far as the grievance of the petitioners is concerned, they have already filed a representation dated 15.10.2019 before the respondent no.3 for redressal of their grievance, which is still pending. He has confined his prayer only to the relief that the representation dated 15.10.2019 may be considered by the appropriate authority. 5. So far as the grievance of the petitioners is concerned, they have already filed a representation dated 15.10.2019 before the respondent no.3 for redressal of their grievance, which is still pending. He has confined his prayer only to the relief that the representation dated 15.10.2019 may be considered by the appropriate authority. 5. Once the allegation has been levelled that the incompetent persons have been engaged in the State Medical Colleges then in such situation the Court cannot sit as moot spectator and definitely the Principal Secretary, Department of Medical Education & Training, Government of U.P. Lucknow is to look into the matter and take all remedial measures so that discrepancy may be rectified. 6. In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioners to file fresh representation within ten days from today along with certified copy of this order before the competent authority, which is stated to be respondent No.1, the Principal Secretary, Department of Medical Education & Training, Government of U.P. Lucknow, who may consider the representation filed by the petitioners and decide the same in accordance with law after affording opportunity of hearing to all the stakeholders in the matter, expeditiously and preferably within a period of two month from the date of receipt of the representation.