2025:UHC:11265 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 2 1 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Vikas Pande, Advocate, for the petitioner. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. Ramji Srivastava, Advocate, for the selecting body. (2) Petitioner possesses Diploma in Pharmacy, which makes her eligible for appointment as Pharmacist under the State. According to petitioner, criteria prescribed under the rules for appointment to the post of Pharmacist is not being followed. (3) Learned Counsel for the petitioner submits that there are two set of rules, one provides that selection for appointment as Pharmacist shall be made on the basis of performance of a candidate in the written examination, while another set of rules provides that selection for appointment as Pharmacist shall be made depending on year of passing the Pharmacy Course and if two or more candidates pass the Pharmacy Course in the same year, then the one who is higher in merit shall be given preference. He further submits that due to this dichotomy in the rules, there is absolute confusion in the mind of competent authority and the selecting body is also not clear which path to follow. (4) By means of this writ petition, petitioner has sought the following reliefs: “I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to conduct written examination for the post of Pharmacist in the Government Medical Colleges of the State of Uttarakhand under the Medical Education Department. II) Issue a writ or order in the nature of Certiorari quashing clause 18 of the Advertisement 2025:UHC:11265 dated 19.10.2024 issued by the respondent no. 3 Annexure No. 2 whereby the selection to the post of Pharmacist is to be made without conducting written examination.” (5) Learned Counsel for the respondents, however, submits that rules, applicable for the post in question in Medical Department, provide that selection has to be made on the basis of merit, depending on performance of a candidate in the written examination and the rules referred to by the petitioner is applicable to other departments and not to Medical Department. (6) Be that as it may, since there is some confusion regarding the selection criteria to apply to the post in question, therefore, this Court is of the opinion that ends of justice would be met if petitioner is permitted to make representation. If petitioner makes representation within two weeks from today, competent authority shall look into the matter and pass appropriate order, as per law, within eight weeks thereafter. ( Man oj Ku m ar Tiw ar i, J.) 1 6 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91 957BE53, cn=PRABODH KUMAR Date: 2025.12.16 18:46:57 +05'30' 2025:UHC:11265