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Sudeep Shukla and 45 Others vs. State of U.P Thru. Prin. Secy., Deptt. of Medical Health Family Welfare, Civil Govt., Lko. and 2 Others

Writ Petition (Service) · 2024:AHC-LKO:4370Decided 16 Jan 2024Lucknow Bench
Writ-A No. 9881 of 2023CNR: UPHC020898372023
Justice Manish Kumar

Background

Decided by the same judge on the same day as a near-identical petition brought by another group of Optometrists. These 46 petitioners had worked as Optometrists on a contractual basis since 2009-2017 under the National Health Mission and likewise sought weightage in the 2023 recruitment process for regular Optometrist posts, on the same legal basis (Seema Singh v. State of U.P.) after the State rejected their representation.

Decision Breakdown

Because the relaxation clause for Optometrists (Rule 25 of the 2000 Rules) is worded identically to the clause for Health Workers (Rule 26 of the 1997 Rules) already interpreted in Seema Singh, the Court held the rejection order unsustainable, quashed it, and allowed the writ petition, directing the State to reconsider the petitioners' candidature with weightage for their years of contractual service within four weeks.

Lesson Learnt

Where multiple petitioners raise an identical legal claim already settled by precedent, courts will apply that precedent consistently across all similarly-situated contractual employees, not just the original petitioner who first litigated it.

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