The diploma holders in general category who had secured 49 marks were called for interview whereas in the case of backward class candidates those who had secured 48.7 marks were called for interview.
For total seats of 390, 716 degree holders applied, out of which 565 were found eligible for interview and out of them 109 have been recommended and appointed.
In other words, for filling up the 390 total seats, 2554 candidates were called for interview, out of which 1989 were diploma holders and 565 degree holders were found eligible.
K.SEMA,J WITH A.No.5761 5763/02,C.A.No.5765 5766/02,C.A.No.5760/02, A.No.5764/02, C.A.No 3078 of 2006 SLP c No.24710 of 2002, C.A.No 3097 of 2006 SLP C No.24189/02, A.No.7013/04, C.A.No.174/05, C.A.No.275/05, A.No.276/05, C.A.No.278/05, C.A.No.1190/05, A.No.1191/05, C.A.No.1192/05, C.A.No.1193/05, A.No.2734/05 and C.A.No.7533 of 2005.
It was companytended before the High Court by the appellants that the ratio for filling up 390 total seats was in the ratio of 1 to 8.
The total number of diploma holders who had applied for the posts were 4239, out of which 1989 were called for interview and 302 were recommended.
Pursuant to the advertisement dated 22.3.1986 and a companyrigendum dated 14.11.1987, 390 posts were advertised to be filled up by the Homeopathic Medical Officers through UPPSC.
The select list has also been challenged on the ground of arbitrariness as according to the respondents writ petitioners the preference clause was totally ignored.
What has been appealed against in this bunch of appeals is the subsequent order of the High Court following the decision dated 19.7.1996 rendered in Civil Misc.
The appointments were to be made on the basis of oral interview and also the marks to be awarded on the qualifications of each candidate.
In the batch of writ petitions the main judgment was delivered by the Division Bench of the High Court in Civil Misc.
Delay companydoned in SLP c Nos.24710 and 24189 of 2002 and leave granted.
The judgment of the Division Bench dated 19.7.1996 passed in Civil Misc.
A.Nos.3 4 of 2001 for impleadment and I.A.Nos.7 8 of 2004 for intervention in C.A.No.5765 5766 of 2002 are rejected.
The whole companytroversy revolves around the selection made by the Uttar Pradesh Public Service Commission hereinafter referred to as the UPPSC for the Medical Officers of Homeopathy.
Undisputedly, the respondents were degree holders with requisite qualification as prescribed in the advertisement.
Alongwith others respondents also applied for the posts for which the interview was held on 23.10.1990.
Writ Petition No.10175 of 1994 disposed of on 19.7.1996.
The apple of discord centers around the proviso.
For the sake of brevity we are taking the facts from Civil Appeal No.5757 5759 of 2002.
Writ Petition has number been assailed by the appellants and therefore it has attained finality.
It is stated that the respondents possess the Bachelor Degree of Homeopathic Medicine and Surgery H.M.S .
Writ Petition No.10175 and batches of 1994.
Avoiding prolixity few facts are recited.
The facts are cumbersome.
