Uttarakhand High Court
WPSS/1256/2021 on 30 September, 2021
Author: Ravindra Maithani
Bench: Ravindra Maithani
WPSS No. 1256 of 2021 Hon'ble Ravindra Maithani, J.
Mr. Mukesh Singh Rawat, Advocate for the petitioner.
Mr. Narayan Dutt, Brief Holder for the State.
Mr. Atul Bahuguna, Advocate for the respondent no.2.
Mr. Susheel Kumar, Advocate, holding brief of Mr. Shailendra Nauriyal, Advocate for the respondent no. 3.
Mr. Ramji Srivastava, Advocate for the respondent no. 4.
Mr. Sandeep Kothari, Advocate for the respondent no. 5.
Petitioner obtained diploma in Hearing Language and Speech from an institute situated in Uttarakhand. He is working with the Doon Medical College. In order to seek government appointment, he was required to get himself registered with the State Medical Faculty or Para-Medical Council. He applied, but, his application has not been decided yet.
Heard.
Admit.
Counter affidavit may be filed within four weeks.
A week thereafter rejoinder affidavit, if any, may be filed.
List thereafter.
Interim Relief Application No. 1 of 2021.
Heard on interim relief application. Learned counsel for the petitioner would submit that petitioner has obtained diploma in Hearing Language and Speech. He intends to apply for the post of Audiometry Technician as advertised by the respondent no. 4. One of the essentials to be eligible for the post is that the candidate must be registered with the State Medical Faculty. Petitioner has already applied for registration, but, no action has been taken on it by the State Medical Faculty.
During the course of argument, it is revealed that, in fact, in the State of Uttarakhand, the Uttar Pradesh State Medical Faculty Constitution Notification was adopted, but, it did not adopt the course of Audiometry Technician. A similar controversy is involved in WPSS No. 1159 of 2021.
Learned counsel for the State Medical Faculty would submit that for Audiometry Technician, no guidelines had been issued as yet by the State Medical Faculty. It is a strange situation. By the advertisement, a candidate is required to get registrar with the State Medical Faculty, but, the course of Audiometry Technician has not been adopted in the State of Uttarakhand by order dated 07.11.2002 and no instructions have been issued. It requires intervention of the Court.
Having considered the factors, this Court is of the view that as an interim measure, the petitioner may be permitted to appear in the selection process for Audiometry Technician, as initiated by the respondent no.4.
Petitioner shall submit his application either online or offline, within the stipulated time.
The participation of the petitioner shall be provisional, subject to final outcome of this petition.
Interim relief application stands disposed of accordingly.
(Ravindra Maithani, J.) 30.09.2021 Ujjwal