1 1 CWP No11930of2010 082M1 1 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION 23 502011 1m C DrJohnyKeGupta OeePetitioner 0 0 VERSUS 9 Stateof Punjaband others e e Z CORAM 0 HONBLE MRJUSTICE PERMOD KOHLI Z PRESENT2 NhRajiv Atma Ram SrAdvocatewith f MrArjun PartapSinghAdvocatefor the Im3 MsnupalAAG Punjab for no to 3 Z GuptaAdvocatefor noA MrK Malik SrAdvocatewith MsRenuAdvocatefor no t PermodKohli J 7 1 1 Pe The is of the order dated 1762Ol 0 7 Annexure Pl by no2 to grant No e r 1 Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 1 220 1 1 t CWP N0011930of2010 08MI 2 Certificate for admissionto thePost GraduationDegree Course beingconductedby noA Facts relevantfor thepurpose of this petition are beingnoticedhereunderl The after passingMBBS from GovemmentMedical College andHospitalSector 32 applied for thepostofMedical Offlcer in response to the advertisementissued by the Haryana Public 1 l ServiceCommissionHe was selectedand as Medical Offlcer 111 0 HCMS ClasseIIpostvide letterdated 972004 nnexure Pe1 He joined 0 the serviceas Medical Officer at Health Centre Rat District 0 Fatehabad on 2332004 Thereafterhe was transferredto rural area at Primary Health CentreKullan District Fatehbadwherehe workedupto Z 14112006 and againtransferredto Health Centre Jakhal District FatehabadIt is statedthatthe renderedrural servicelll theStateof Haryanafor a periodof more thanthreeand a half years The Z case of the is that he belongs to the Stateof Punjaband was CO alwayswillingto serve ln theStateof PunjabThe appliedfor his in the State of Punjabvide his letter dated mv Z 232009 I and was postedat PrimaryHealth Centre Moonak District Sangrur OI1 103 2009 While issuingletter dated 232009 the was placed on for a periodoftwo yearsA 8lrtherconditionwas thathe will serve flrst threeyearsin the awaee ruralarea noAJniversityis entrustedwith the of test for admissionto variousPost Graduate Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document n CWP N0011930of2010 082M1 3 4 r5 courses 111the Stateof PunjabThese coursesare meant for ln servlce doctorsas also from theopenmarket 60Io quotais earmarkedfor PCMS Doctorswho lfll the conditionsas laid down lll PunjabGovemment memo dated 812010 AnnexureP The conditionsrelevant for the of this petition in the aforesaidletterare hereunderl m 0 1 Conditions for the course of Post Graduation 0 andSuper 0 XXX Xxx Xxx 0 1 Any candidatewho is willingto do the course of Post Graduation Coursend to giveentrance Z for Super or to applyfor someinterviewhas to t take No Certificatefrom theDirectorHealthand FamilyWelfare After passingof exams and t Z beforetakingadmissioncandidatehasto get No f Certificatefromthegovemment 13XXX XXX X mmo Z 1 ADoctor wouldbe relievedafter admissiononlyif he has Om appliedfor the No Certificateif serviceperiod after course remainsas perthebond andbondamount and will relievehim afterthe fillingofbond e 2Admissionagainstquotaof 60Ioin GovemmentMedical College for Post Graduation Course lll Punja Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 222 1 4 9 CWP No11930 of2010 OMl 4 3 XXX Xxx Xx 2RegularPCMS Doctorswhoserural serviceis upto3 years periodis servicerecord1Sproper and no administrationinquiry 1S pendingis eligiblefor 60Io quota 59 The appliedfor No Certiflcate vide his leuer dated22122009 through proper channelwith requestto count his services 0 renderedin the Stateof Haryanafor thepurpose of rural serviceas also 0 He alsomentionedthathe lfils all theconditionsof eligibility 9 as bytheGovemmentRequestof the was forwarded by no3 to no2 on 29 122009 which remained Z with him withoutany response The thereafterserveda L legalnotice dated 1522010 exure P Since the last date for for Entrance Examinationof Post GraduationCourse Z was 1532010 he submittedan advance and also through proper channel Entrance Test was conductedon 4A2010 Result of the C samewas declaredon 5A010 The ranked at SrNo l in the 17 Z Entrance Testagainst 60IoquotaCopyof theresultsheethasbeenplaced Oa onrecordas Annexure P13 The was required to flll up theform for by 20A2010 was scheduledto be held on inactionon thepartof no and 3 the 28A010 In view of i e was unableto submithis form bythe date of the inaction of the the flled CWP No6951 of 2010 which came up for hearing beforethis Court Leamed Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 223 e 114 CWP No11930of2010 0Ml 5 Judgeof this Court on considerationpassedfollowingorder dated 20A20101 Notice ofmotion MsCharu Tuli SrDAG Punjab who is presentin Court accepts noticeon nol to 3 Let threecopiesof thewrit petition be handedover the counselopposite duringthecourse ofthe day 0 List on 26A2010 0 Let noA be servedthrough dasti notice for 0 thedatefixed no 1 to 3 are directedto permitthe Z to submit his form and also allow him to l attendthe scheduledto be held on 28 April 2010 However the neednot begranted fonnal t Z admissionin thePost Graduate Course Meanwhile counter reply if any be flled beforethe Ol date with advance copy to the counsel W2 Z opposite 0 Let a copy of this orderbe handedover to MsCharu Tuli learned SrDAG Punjabfor information and necessary eve 20A2010 Pursuant to the aforesaid order the was allowed to partlclpate 111the In the also the Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 224 P 1 S CWP No11930 of2010 00MI 6 first against60Io quota as 1S evident from result sheetdated 28A2010 64nnexure Pe15 It is statedthattherewere more than 90 seats availableagainst 60Io quotaon thedateof It is rther stated thatdespite his firstrankinghe was not grantedadmissionThe movedCM No6843 of2010 in thepending writ petition referredto above whereinfollowing orderwas passed on 1752010 m CMNo6841 of2010 0 The is allowed as prayedfor and 0 AnnexureA1 andA2 are takenon record 9 CMN06842 of2010 The is allowedfor Z CMNo6843 of2010 t The admissionif any shall cause no to the claim Z CM stands of SdluryaKant Judge QO 1752010 V Z the orderanddeclinedto grantNOC videthe Qm order dated 1762010 exure Pe17 with the following remarksl Xx Xxx Xxx ee 21n theabovementionedcase DrohnyGuptaMedical Offlcer Haryana2009 is deniedtheNOC as he doesnot llfll the conditions as madebythe Govemmentfrom Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 225 4 CWP N0011930of2010 082MI 7 timeto time 99 In responseto thepresentwrit petition havepleaded that the is not eligiblefor grantofNOC on following two He hasnot theperiod 6iHehasnot threeyearsofrural servicein theStateofPunjab I haveheardlearnedcounselfor theparties at lengthand the m 1 paperbook 0 The is Memberof PunjabCivil Medical ServiceeIState 0 GroupeA Service as constitutedbyPunjabCivil Medical oStateService 0 Rules 1972 Rule 90f therulesprovide methodof 1 andreadsas underl Z 91vlethod to all postsin the service exceptMedical officersshall be madeby fromamongstthemembersofthe service Z to thepostsof Medical Officersshallbe made f bydirectrecruitment sm If no suitableperson is available for by Z andbydirect then to the service shallbe madebytransferof a person holding a similar or an identicalpostundera StateGovemmentor Govemment 1 Vm ofIndia to theServiceby shallbe madeby selectionon basis and no person shall have any rightto claim on the basis of seniority Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 226 4l 5 CWP No11930 of2010 OMI 8 alone 99 Undertherecruitmentrules the of PCMS is bydirect recruitment as alsobytransferofa personholding a similaror identicalpost undera StateGovemment or Govemmentof India Rule 11 of the Rules lrther the periodof Period of for direct recruit is two years and by any othermode is one year At the time of 1 in thePCMS vide letterdated232009 exure 0 P he was placed on for a periodoftwo years the CaO was not byway of directrecruitor byany process of C selectionbut hasbeen onlyby fromthe State of Haryanawhich is one of modeof underrule 9 Z The of the is thusnot byway of directrecruitment C but otherwise rulesprovideonlyone year periodof where is otherwisethandirectrecruitmentThe contentionon Z behalfofthe is thatthe is eligiblefor admissionto Post GraduateCourseagainst 60 quotaas he hasalready theperiod f12 in theStateofHaryana for a periodofmorethantwo yearsand Z theservice renderedin theStateofHaryana hasto be countedon Om of the It is statedthat even otherwisealso onlyone year is provided underthe statutoryrules where the 1S otherwise than byway of direct recruitmentSimilarly claimsto ee beeligiblehavingrenderedmore thanthreeyears ruralservice in Haryana Theobjectofthe govemment memo nnexure P is to grantthebenefit of thePost Graduationto the doctorswho haverenderedrural service On Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 227 CWP Noe11930of2010 082MI 9 of the therural service renderedbythe in Stateof Haryana cannot be ignored when the was absorbedby transfer Similarlythe havingalready period in theStateofHaryana is not required to agalIl Assuming that theStateof Punjabcould impose a conditionof probationsuch periodcannot exceedthe statutoryperiodof a 1 undertherulesandthusonlyone year was neededfor 0 eliibilityto applyfor Post Graduationcourse It is not the case of the 0 of Punjabthat duringthe periodof the t conduct was not The shallbe deemedto have whenhis previous servicerendered Z 111theStateof Haryana 1Sto betakenintoconsiderationDenialofNOC to the who has otherwiseranked first in theexamlnatloll 1Stotally illegalandagainst all the cannons ofjusticePetitionerhasalso t Z claimed paritywith two similarlysituateddoctors namelyDrharat r BhushanandDrarinder GargbothMedical Offlcers Thesedoctorswere 3 also on transferfrom Stateof Haryanalike Z Theywere granted benetofruralservice renderedinStateofHaryana vide ll orderslletters Pn8 and P for purposeof admissionto Post Graduationcourses However in case of similartreatment is denied to him for no valid reasons The impugned order 4eee dated 1762010 Pe17 the ineligible for NOC is thusliableto be set aside On account of illegalorder passedby the the Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 228 r CWP N0011930of2010 10 hasbeen deniedadmissionto thePost GraduateCourseduring thesession2010 Keeping 111view themeritof the he is entitled tobeadmittedto Statehoweverpleaded thatfor thecurrent session theremay not be any vacancy availableMrAnupam Guptalearnedcounselfor was askedto seek information of the vacancies111P Courseln the m current sesslon MrGuptaafter seeking information om the 0 hasstatedat theBar that a largenumberof vacanciesare lyingunfilled 0 even 111the current sessionagainst 60Io quotadue to of 0 eligible candidatesThe thuscan beadmittedto the PG Courseagainst theavailablevacancies ln theCurrentSession 2011 1 Z he having clearedtheEntranceTest with highest rank Since the was and deniedadmissionin thelast ye endsofjusticedemandthatthe shouldbe admittedto the Z current session when numberof vacancies are availableand f unfllledvacancieswill otherwisego waste Under similarcircumstances111 3 the case of Aman DeepJaswal ve Stateof Punjaband others 200619 Z Supreme Court Cases 597 wherea candidatewas ignoreddespite higher ment for admissionto MD Course he was granted admission in the next academicsessionTherelevantobservations are as underl me 31t is not in disputethat the Aman DeepJaswal was much higherln rank in the selectionand hadalso optedfor MD Anaesthesia as one of the optionsThere could be no valid reason for denying her admissionsimplybecause of the word any written by her as third Her flrst was MD and the next was MD Anaesthesia Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 1 229 1 r CWP Noe11930of2010 OMI 11 1 7 but in thesecond her flrst option was 1 MD AnaesthesiaThe same could not be denied for the use of the word when it 1S IlOt that she was more meritoriousthan DlRadhika Dhawan The High Court was however rightdespitethese facts lll admission beinggrantedto her duringmid sesslOll 4On thesepeculiarfacts we are of theview that the Aman DeepJaswal is entitledto be admitted 111 MD Anaesthesia lll Government 1 Aldical CollegePatialain thenext academic year l 20062007 within the sanctionedintake of the collegeOrdered 0 0 A Division Bench of this Court in the case of Vikram Singlaand Ca9 othersvse State of Punjaband others 2006 SLR 376 and a Single Benchofthis Court in the case ofAlisha Arora ve Baba Farid University Z ofHealth SciencesFaridkot H 2010 SCT 389 also followedthe 2 same principleThe having been deniedadmission heis entitledto beadmittedto MD Coursein theCurrentSession This petitionis allowed andthe orderdated Z 1762010 AnnexureP79 is quashedwith thefollowing directions CO Respondents 110 1 and 2 will issue No Certiflcate to the S Z petitioner for admissionto Post GraduationCoursewithin a periodof one m weekfiom thedateofreceipt ofa certifiedcopy ofthis order iiOn No beinggranted noA will admit the petitioner to PG Course on the basis of his ln the last examinationl ln the Current Session 2011 againstthe discipline preferredbythe petitionersubject to of seat in the said stream against 60IoquotaIf no seat of his first subject 1S availablehebe allowedto opt2 Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 7 04 230 1 CWP No11930of2010 0M1 12 shall complywith all otherconditionsfor admissionto PG Courseagainst 60Ioquotaasmay be prescribed by nol to 4 in thisregard LJ4J PERMOD KOHLI JUDGE Pronouncedon2 m 23502011 MFK led 0 NOTE Whether to be referredto Reporter or notYES 0 18 0 7V ArIslll 1 Z C l4 0 Z CO em Z Oa Rawat Seema 2014.05.24 16: 00 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document