HC directs inclusion of all candidates for UPPSC Counselling for allopathic doctors appointment

The court found in the contention of the doctors who claimed that if selections are made without giving them a chance, they would suffer an irreparable loss. Taking note of all these factors, the single-judge bench of Justice Ashwani Kumar Mishra was quoted saying by India Legal, "In the facts and circumstances, it is provided that the Commission shall provisionally recommend petitioners' name for counseling scheduled to be held on 1st & 2nd November, 2021, forthwith, and the State shall thereafter provisionally permit them to participate in the counseling."

However, the bench also clarified that the candidature of the petitioner doctors would be subject to the appropriate satisfaction at the level of the Commission regarding the educational qualifications of the doctors.

The bench has posted the matter for further hearing on November 11.

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As per the latest media report by India Legal, the advertisement of UPPSC mentioned the upcoming appointment in 75 posts of allopathic officer Grade-II in advertisement no.1/2021-22. Consequently, the petitioner doctors also applied for the same and were selected by the Commission as well. However, their names didn't get recommended to the State Government for the counseling process as several documents including their educational certificates, which were required to be produced, were not placed before the Commission.

After perusing the relevant documents, the court noted that as per the communication, the petitioner doctors were given 60 days of time for submitting the original documents and the deadline ends on November 5, 2021. However, the counseling is scheduled to be held on November 1 and 2, 2021.

"There appears a communication on record as per which all the petitioners have been given 60 days' time to furnish original documents before the Commission, which expires on November 5, 2021. The petitioners, however, have rushed to the Court with the allegation that a large number of candidates have already been recommended by Commission for counselling which is scheduled to be held on November 1 and 2, 2021," noted the court.

At this outset, the counsel for the petitioner doctors argued that if selections are made for the 75 posts, the petitioner doctors would suffer irreparably as a result of lack of seats which would ultimately result in their claims being overlooked.

Further, it was argued on the behalf of the doctors that as the Commission has allowed time until November 5 for submitting original documents the authorities cannot act in such a way that the doctors' claim for appointment gets defeated.

Finding substance in these contentions, the bench ordered, "In the facts and circumstances, it is provided that the Commission shall provisionally recommend petitioners' name for counseling scheduled to be held on 1st & 2nd November, 2021, forthwith, and the State shall thereafter provisionally permit them to participate in the counseling. However, petitioners' candidature shall remain subject to the appropriate satisfaction at the level of the Commission with regard to their educational and other qualifications. It shall be open for the petitioners to furnish their original records as are required before the Commission within the time permitted."