CWP No.8585 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8585 of 2009 Date of Decision: 08.04.2010 **** Dr. Krishan Kumar Chopra . . . . Petitioner VS. State of Punjab and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. D.S. Patwalia, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is working as a Demonstrator with additional charge as Assistant Professor in Bal Rog/Istri Rog in Government Ayurvedic College at Patiala. He is aggrieved at the order dated 08.05.2009 (Annexure P11), whereby, his claim for promotion to the post of Professor has been turned down ostensibly for the reason that the Central Council of Indian Medicines (CCIM) has raised certain objections against the provisions of the statutory rules, namely, the Punjab Ayurvedic Department (Class-I and II) Service Rules, 1963 (hereinafter referred to as ‘the Rules’) and in view thereof, these Rules are required to be amended. CWP No.8585 of 2009.doc - 2 – (2). The petitioner joined as an Ayurvedic Medical Officer on 16.04.1982. He possesses the academic qualification of Post-graduation in Ayurveda and asserts himself to be fully eligible for promotion to the rank of Professor in terms of the eligibility prescribed under the 1963 Rules. (3). As per Appendix ‘A’ (Sr.No.5) of the Rules, an incumbent having a Degree in Ayurvedic System of Medicine from a recognized University or Board of Indian System of Medicine established by law or from any Ayurvedic College with knowledge of Sanskrit upto Shastri standard as well as five years’ teaching experience in the subject and five years’ clinical experience as a Physician, is eligible for promotion to the post of Professor. The candidates having research work or possessing Postgraduate qualification are entitled to be given preference. (4). The petitioner’s further case is that he is the senior-most eligible person in the College which fact appears to have been acknowledged by the respondents in the impugned order itself. The written statement, however, indicates some seniority dispute also which needs to be resolved and for that purpose a departmental Committee has been constituted. (5). Be that as it may, it is also evident from the record that earlier also the petitioner’s case was put up before the DPC on more than one occasion but due to certain CWP No.8585 of 2009.doc - 3 – objections raised by the CCIM regarding the provisions of the 1963 Rules that the petitioner’s claim was not considered. Suffice it to say that no amendment, as suggested by the CCIM, has been carried out by the competent authority so far and the post of the Professor is still required to be filled up as per the qualifications laid down in Appendix ‘A’ to the Rules ibid. (6). The documents on record further reveal that the post of the Professor is lying vacant at Patiala since the year 1981. There appears to be some substance in the contention raised on behalf of the petitioner that even if the Rules are to be amended as per the recommendations of the CCIM such an amendment would be retrospectively. (7). I have heard learned counsel for the parties and perused the records also. (8). In my considered view, so long as the 1963 Rules are operative, recruitment to various posts governed under these rules has to be made strictly as per these Rules only. Consequently, the writ petition is allowed; the impugned order dated 08.05.2009 (Annexure P11) is hereby quashed and the respondents are directed to finalise the seniority dispute, if any, within a period of four months and thereafter convene a meeting of the DPC to fill up the vacant post(s) including that of the Professors in accordance with the existing Service Rules. Further CWP No.8585 of 2009.doc - 4 – orders shall be passed depending upon the recommendations of the DPC. (9). Ordered accordingly. (10). Dasti . (SURYA KANT) JUDGE 08.04.2010 vishal shonkar