Allahabad High Court Issues Interim Order Halting Regular Optometrist Appointments in Uttar Pradesh
The Lucknow bench of the Allahabad High Court has issued a significant interim order directing the Uttar Pradesh state government to refrain from issuing appointment letters to regularly selected optometrists until the next hearing date. This judicial intervention has temporarily suspended the final step in the regular recruitment process for these healthcare positions across the state.
Court Grants State Government Opportunity to Submit Response
The court has specifically granted the Uttar Pradesh government a formal opportunity to submit its detailed response to the issues raised in the petition. A bench presided over by Justice Rajiv Singh passed this interim order while hearing a writ petition filed by Sudeep Shukla and forty-five other petitioners who are currently serving as contract optometrists.
The court has officially scheduled the next hearing in this matter for April 21, 2024, creating a clear timeline for both parties to prepare their respective positions. The judicial bench made it explicitly clear that if the state government fails to file its response by the next hearing date, appropriate orders would be passed in the matter, indicating potential consequences for non-compliance.
Petitioners' Argument: Contract Experience Should Receive Priority
The petitioners presented a compelling argument through their counsel, Alok Mishra, stating that they were originally appointed as optometrists on a contract basis several years ago under the National Health Mission scheme. These healthcare professionals have been providing satisfactory and consistent services on contract for a substantial period, developing valuable experience in their field.
Their legal representation argued forcefully that this accumulated experience should be given appropriate priority and consideration during the regular recruitment process. The petitioners expressed frustration that their legitimate demand for recognition of their service tenure was being systematically ignored while a completely new regular selection process proceeded independently.
Selection Commission's Position and Government's Response
During the court proceedings, the Uttar Pradesh Subordinate Services Selection Commission presented its position, confirming that the recruitment process for regular optometrist positions had been formally completed. The commission clarified that the selection list had already been forwarded to the state government for the final step of making actual appointments to these positions.
The commission further stated that existing recruitment rules do not provide any specific provision or mechanism for granting preference to contract employees during regular selection processes. This legal interpretation formed the basis of their position that the contract optometrists could not claim automatic priority in the regular recruitment.
Simultaneously, the state government's representatives requested additional time to prepare and file their comprehensive reply in the matter, acknowledging the complexity of the issues involved.
Court's Comprehensive Consideration and Final Order
After carefully considering all circumstances presented by both parties, including the petitioners' service history, the commission's completed recruitment process, and the government's request for additional preparation time, the court issued its interim order. This judicial directive specifically prohibits the state government from issuing appointment letters to any candidates selected through the regular recruitment process until the next scheduled hearing.
The court's decision effectively creates a temporary pause in the final implementation of the regular optometrist appointments, allowing for proper judicial review of the contract employees' claims before any permanent appointments are made. This interim measure ensures that the petitioners' concerns will receive full consideration before the recruitment process reaches its conclusion.
