WRIC/10897/2016 of TIKSHAN KUMAR TIWARI AND ORS. Vs STATE OF U.P. THRU. ITS PRIN. SECY. MEDICAL and HEALTH and ORS. on 11 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10897 of 2016 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed with the following prayers :-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned the order dated 24.02.2014 of by the opp. party 3 contain in annexure no.1 to the writ petition.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent to consider the candidature of the petitioner of the post of X-ray technician treating the degree of BMRDI as equivalent to diploma holder. While going through the record of Writ Petition No.5504 of 2015 filed by Tikshan Kumar Tiwari along with Manoj Kumar Raghav, Amit Kumar and Jamal Ahmad, we have come across Annexure No.11, which is an order dated 19.07.2011 passed by the State Government in pursuance of an order dated 01.06.2011 passed in Writ Petition No.1081 (SB) of 2011, Dhwaj Pratap Singh & Others vs. State of U.P. & Others. The Court, in its order dated 01.06.2011, had directed the Government to constitute an expert committee of three members consisting of Director General, Medical and Health Services; Director, Medical Education and Training; and the Secretary, U.P. State Medical Faculty, Lucknow, to examine and take a decision with regard to the equivalence of diploma and degree as prayed for by the petitioner therein. Versus Counsel for Petitioner(s) : Sharad Kumar Vaish, Mayankar Singh, Rishikesh Verma, Vijay Kumar Srivastava Counsel for Respondent(s) : C.S.C. Tikshan Kumar Tiwari And Ors. .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Medical And Health And Ors. .....Respondent(s)

In pursuance of the said order passed by this Court on 01.06.2011 in Writ Petition No. 1081 (SB) of 2011, the question of equivalence was rejected by the order dated 19.07.2011. This Court finally disposed of Writ Petition No. 5504 of 2015 by a detailed order dated 16.05.2016, taking into account the order dated 19.07.2011 and also Rule 8 of the U.P. X-ray Technician Service Rules, 1986, with the observation that, in the absence of any challenge to Rule 8 of the U.P. X-ray Technician Service Rules, 1986 and the decision dated 19.07.2011, the writ petition fails and is dismissed. It appears that the petitioners, Tikshan Kumar Tiwari, Manoj Kumar Raghav, Amit Kumar and Jamal Ahmad again approached this Court in Writ Petition No.10897 (MB) of 2016. This writ petition was filed on 13.05.2015 and at the time when it was being drafted, the petitioners' Writ Petition No. 5504 (SS) of 2015 was pending before this Court, which was eventually dismissed by a detailed judgment and order dated 16.05.2016. The petitioners in Writ Petition No. 10897 (MB) of 2016 have challenged an order dated 24.02.2014 by which the U.P. State Medical Faculty had rejected the question of equivalence of diploma and degree that was being raised by the petitioners and by Dhwaj Pratap Singh and others in Writ Petition No. 1302 of 2012. The petitioners have not challenged the order dated 19.07.2011. They have also not challenged Rule 8 of the U.P. X-ray Technician Service Rules, 1986. They have not amended Writ Petition No.10897 (MB) of 2016 to bring on record the subsequent dismissal of their Writ Petition No.5504 of 2015. We find no good ground to grant the relief as prayed for in this writ petition, in view of the law already settled in Writ Petition No.5504 of 2015 by this Court. Accordingly, the writ petition is dismissed. November 11, 2025 Ashish Dewal WRIC No. 10897 of 2016 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench