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2025 DAILYLAW 194547 (ALL)

NITENDRA SINGH AHIRWAR AND 14 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/14981/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14981 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Shri Himanshu Singh (A/H 0277/2019) holding brief of Shri Siddharth Khare, learned counsel for the petitioners who 15 in number and Sri Gaurav Singh, learned Standing Counsel, who appears for State-respondents and Shri Akhilesh Kumar Maurya (A/A 0014/2020) holding brief of Shri Siddharth Singhal, counsel for the respondent no. 2 as well as Shri Adarsh Bhushan, counsel for the respondent no. 4. 2. The case of the writ petitioner is that an advertisement bearing no.02- Examination/ 2023 dated 08.06.2023 came to be published by the fifth respondent, Secretary, U.P. Subordinate Service Selection Commission, Lucknow notifying vacancies for filling up of X-Ray Technician (General Recruitment). As per the advertisement, 382 posts were to be filled up. The writ petitioners claiming himself to be fully eligible and qualified in all respects, applied in pursuant thereto, they were permitted to appear in Preliminary Examination Test (PET-2022). As per the writ petitioner Nos. 1, 4, 5, 7, 8, 10, 11, 13 and 14 belong to Schedule Caste category; the petitioner nos. 2, 3, 6 and 12 belong to UR category and petitioner nos. 9 and 14 belong to OBC category. It is also the case of the writ petitioner is that the writ petitioner Nos. 1, 2, 5, 8, 9, 10, 11, 12 & 13 possessed the Diploma in Magnetic Resonance Imaging (MRI), whereas the petitioner Nos. 3, 4, 6, 7, 14 & 15 possessed the Diploma Certificate in Computed Tomography (CT). As per the rules so enacted in accordance with the first proviso to Article 309 of the Constitution of India, Uttar Pradesh X-Ray Technicians Service Rules, 1986, the Rule 5 provides for selection for recruitment as direct recruitment and Rule 8 specified academic qualification. Rule 8 provides for academic qualification according to which, the candidate seeking recruitment for the post in service must possess diploma in Magnetic Resonance Imaging and Diploma in Computed Tomography. It is also the case of the writ petitioner is that the writ petitioners possess the qualification which were equivalent to what has been specified in Rule 8 and which is Versus Counsel for Petitioner(s) : Adarsh Bhushan, Siddharth Khare, Sr. Advocate Counsel for Respondent(s) : C.S.C., Siddharth Singhal Nitendra Singh Ahirwar And 14 Others .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) well accepted in the selections which are being conducted by the State. He submits that the question of equivalence is already pending consideration before the Director (Para Medical), Medical & Health Services, Uttar Pradesh, Lucknow as in this regard a document has been annexed at Annexure-14 page 227 of the paperbook, reference whereof has been made in para-33 dated 05.06.2023. 3. Prayer in the present petition is for a direction commanding the respondents to treat the writ petitioner as fully qualified as the post of X-Ray Technician in pursuance of the said advertisement. 4. When the matter was taken up pre-recess, Shri Siddharth Singhal, learned counsel for the Commission took time to obtain instructions. Post recess when the matter has been taken up, Sri Maurya holding brief of Shri Siddharth Singhal has produced before this court communication dated 04.10.2025, according to him, the matter is still pending at the stage level in that regard. 5. Shri Gaurav Singh, learned Standing Counsel submits that a decision will be taken very shortly in this regard. 6. To such a submission, Shri Ashok Khare, learned Senior Counsel for the petitioner submits that let a decision to be taken in that regard. 7. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off requiring the second respondent, Director General, Medical and Health Services, Uttar Pradesh, Lucknow to consider the issue of equivalence in that regard and thereafter to act in accordance with law with most expedition looking into the fact that the selections are yet to be finalized. 8. With the aforesaid observation, the writ petition is disposed off. 9. Instructions have been filed today and marked as Appendix 'A'. October 14, 2025 A. Prajapati WRIA No. 14981 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad