Petitioners Challenge Uttar Pradesh X-Ray Technician Service Rules, Citing Arbitrariness and Discrimination
In a significant development, the Allahabad High Court, in its Lucknow bench, has issued a notice to the Advocate General of Uttar Pradesh in response to a writ petition challenging the validity of Rule 8 of the Uttar Pradesh X-Ray Technician Service Rules, 1986. The petition, filed by Tikshan Kumar Tiwari and three others, argues that the rules are arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution of India.
The petitioners, who hold a Bachelor of Medical Radiology Diagnosis and Imaging Technology (BMRD/IT) degree, claim that their qualification is not recognized under the current rules for recruitment as X-Ray Technicians in the state. This degree, however, is accepted in various prestigious institutions and states across India, including AIIMS, PGIMER, and others. The petitioners contend that the arbitrary refusal by the State of Uttar Pradesh to amend the rules to include their degree results in hostile discrimination against them.
The court heard arguments from Mayankar Singh, counsel for the petitioners, who emphasized the nationwide recognition of the BMRD/IT degree and the need for the Uttar Pradesh government to align its rules with this broader acceptance. The petitioners have also called for the quashing of previous orders by expert committees that denied equivalence of their degree with the Diploma in X-Ray Technician.
Acknowledging a prima facie case, the bench comprising Justices Sangeeta Chandra and Amitabh Kumar Rai has directed the respondents to file a counter affidavit within four weeks. The matter is scheduled for further hearing on February 27, 2026.
Bottom Line:
Recognition of Bachelor of Medical Radiology Diagnosis and Imaging Technology (BMRD/IT) degree for recruitment under Uttar Pradesh X-Ray Technician Service Rules, 1986 challenged for arbitrariness and discrimination under Articles 14 and 16 of the Constitution of India.
Statutory provision(s): Articles 14, 16 of the Constitution of India
Tikshan Kumar Tiwari v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2850052
