Court No.

- 18

Case :- WRIT - A No. - 1694 of 2023

Petitioner :- Manoj Kumar Singh And 3 Others

Respondent :- State Of U.P. Thru. Prin. Secy. Medical Edu. Deptt. Lko.
And 4 Others
Counsel for Petitioner :- Ajay Pratap Singh
Counsel for Respondent :- C.S.C.,Shubham Tripathi

Hon'ble Alok Mathur,J.

1. Heard Sri Ajay Pratap Singh, learned counsel for the

petitioners, learned Standing counsel for respondent No.1 and
Sri Shubham Tripathi for respondent No.s 2 to 5.

2. By means of the present writ petition the petitioners have

assailed the order dated 4th February, 2023 where it is provided
that promotions to the post of Operation Theater (Assistant) are
likely to take place and the qualifications to be possessed by the
candidates including the petitioners have been provided therein.

3. Learned counsel for the petitioners submits that the

petitioners were initially appointed on the post of Patient Helper
(re-designated as Hospital Attendant) which work was general
in nature. It is further stated that they had worked in various
departments at the discretion of the respondents but now as the
promotions are taking place it has been provided that Hospital
Attendant should have worked in an Operation Theater,
Departments of Anesthesia, Interventional Radiology,
Bronchoscope, Endoscopy, Cardiac Cath Lab, Blood Bank,
Central Supply Service. He submits that this condition is
arbitrary and requires interference in as much as deployment of
the petitioners was solely on the discretion of the respondents
just because the petitioners have not worked in any of the
specific departments, they cannot be kept outside the purview
of the promotions as provided in the order dated 4th February,
2023.

4. Sri Shubham Tripathi, on the other hand, has submitted that

the post of Operation Theater Assistant requires certain
technical experience and, therefore, there is a rational nexus of
experience in particular departments as stated in the order dated
4.2.2023. He further submits that he may be granted a short
time to file counter affidavit so that the matter can be decided
finally. Accordingly, one week's time is granted to him to file
counter affidavit. The petitioners shall have three days' time
thereafter to file rejoinder affidavit.

5. Sri Shubham Tripathi has also informed this Court that only
 applications have been invited and the said applications are in
the process of screening and further that it will take at least four
more weeks to complete the promotion process.

6. In light of the above, considering that the promotions are

likely to take sometime this Court is not passing any interim
order at this stage.

7. List this case on 28.3.2023 in top ten cases on which date the
parties shall come prepared for final arguments.

Order Date :- 13.3.2023 (Alok Mathur, J.)

RKM.

Digitally signed by :-
RAKESH KUMAR MAURYA
High Court of Judicature at Allahabad,
Lucknow Bench