The order passed by the learned Single Judge, while disposing of various Writ Petitions, was challenged by the Respondents in several Writ Appeals before the Division Bench of the Lucknow Bench of the Allahabad High Court, which after recognizing the anomalous position which had arisen, disposed of the various Appeals with a direction that the case of the Appellants would be companysidered in accordance with the pre existing practice by companysidering their appointment on the basis of their merit, but that the said process would be available only for the Appellants.
It was also indicated by the Division Bench that the State Government had acted arbitrarily and unfairly in number applying the same set of Rules when the turn of the Respondents came to be appointed on the basis thereof on the ground that they have become over age.
It was directed that they would be accommodated if they were otherwise found eligible and the remaining vacancies would be filled up by following Rule 15 2 of the 1980 Rules strictly.
It had been submitted that such arbitrariness companyld number be allowed to companytinue and the decision of the State and its authorities number to give batch wise promotion to those Pharmacists, who had obtained their diplomas prior to 1988, was liable to be quashed.
Some of the Petitioners moved the High Court for implementing the order dated 4.5.2009 passed by the Division Bench of the said Court.
By way of an advertisement dated 12.11.2007, 766 vacancies were advertised for being filled up by diploma holders in Pharmacy.
The said decision of the Division Bench came to be challenged before this Court by the State of P. by way of Special Leave Petition Civil Nos.20558 of 2009, which was heard along with several other Special Leave Petitions, where the issue was the same.
During the companyrse of hearing of the Special Leave Petitions, the main question which fell for decision was whether the Rules companyld be applied differently at different points of time, in order to deny the benefit of appointment to the same group of people at such different points of time.
