ORAM: Hon’ble shri‘R‘aieev Gupta, c.J. ’ Sd/ - Chief Justice 2/16/201 K Sd/ z o , /1‘0/2o1; Pos‘t for Judgment: J HIGH COUR? OF CHHATTIsGARH, BI@=U§I ( C & Honble Shri Sunil Kumar Sinha, J. Writ A§peal¥Noz67lzo1o State of Chhattisgarh and others 'Vs. Punilal Chauhan 20 k; , HIGH CU ORT OF CHHATTISGARH , BILASPUR od rl a ev Gu tar C J on’ble Shrl Suml Kumar Smh WRIT APPL 10 EA No.67/20 ae o Chhattlsgarh Through Th ecre eartment of Health Mya pr antrala Ralu T lr “E Behmd DKS attlsar he Director Bhartlya Chlkltsa Padhat vam Homeepathy, B pu( ) hawan RalrC G -e |srlct Ayurvedlc Adhlkarl Nea hrlram Colon Beladu algarh i unla hauan Aged about 36 ye S/o Shrl an am Chaan yur a ompounde Gov yu ed Aushadhalaya Jatrl Tahsr nd Drstrrct Rargarh (C G ) t ) 06‘ o Drvrslon Bench Act 20 Aearance pp M h B t State/ as r Klsore hadurl Addltlonal Advocate General for he ppellant M k a pnt r Pratee Shrma Counsel forthe resonde DGMEN 26.10.2010 Fg jgt ot"1" ollowrn udmen H’blé Sh R é & H a, J ;c0RAM APPELLANTS * _ 7* Stt f e 'Sta ~ Dp DKS- \‘Chhgh tj‘Th Dt r S y la Road R(CG) Versus RESPONDENT trPIl Ch ars * Nku R uh , Av; Cr t A l a JUT () the Court was delluered by WRIT APPEAL No.67l2010 , eing aggrieved Withi the‘ orderzdated 5’“ of February 2010 passe B d (1)" - «i ; thi C e ‘ ‘ ,n WP No.3083/2005 by the Ieamed Single Judge of s ourt, th I tate has me ts appeal i-S d hi ; ‘(2) ' T der H R f H Sl S j e th t f A y fti b th d t p, md f th n f p t f Aitt A i i jis i 2908.200 con p q h f Ay ' d the dg y h 1995 h fa 'r rg g 4 i t ) (R Cncl f lndin M ,e ew Dehi It further contended at? , 0 p OffC bfd t , ‘t dc ' G h n’, _ he re‘spondéntwés working as an Ayun/ed compoun. e passed Ayurved atna rom indi Sahitya ammean, Prayag. ome uniors to the rspohdent were promoted to e pos o ssistant Aurved Medical Ocer, ut e responent was no romoted therefore, theresponent preerred e said writ petitio or considering of his case for romotion to the pos o sssan yurved Medical Officer from the date of promoton of hs unor .e. .0. Thé St’ate tended that the respondent was not ossessing *reuisite quaiificatiOn VfOr promotion to te post o ssistant‘AUrved Medicai Officer. Theirespondent obtaine eree of Aurved'Rétna 'in te year , whic was not econized deree as per letter dated 13 08 200 (Annexure R/1" n he writ petition Issued by the ASSIstant Secretary egn ) Central oui o a edic l th % osts of Assistant Ayurved Medical er were to e'ille, hrough promotion from the Compounders who are Ayurvei raduates Since the respondent was not hav' g. te qualifcatio f Aurved/c Graduate it was not OSSIbIe to promote t espondent to the ost of ASSIstant Ayurved Medical Ofce he learned Sinle Jude reerrin to e Judgmen of De radesh Re istered Medical Practitioners v irecor o Heal elhr Admn Servrces and Others, (1997) 11 SCC 6 ld ara 9 of the order hat the respondent has obtained Ayurv atna examination certifcate from Hindi Sahita Sammela us te stand of the tae tat th ss the reqUiSIte qualifcation as thew certifcate granted by Hindi Sahita ognized was correct and pro ' However conSidering the various prOViSIons of rayag, in te year esponden does n .S wa ammelan Prayag, M ‘ Health (Indian Systems of Medicme and Ho‘ eopathy) Cla 's l ll = ‘o y p he r p fr T g g fg th t lhr P Dt f th: D 87* e in" p ed l R y n Th h St h e ‘ P h 1 . e n yg c pe r rt ot 3 RIT APPEAL o. InIsterIaI Sewlces Recrultment Rules 1987 (hereinafter ref ‘te as “the Rules, /1987") the Iearned Smgle Judge held that for V ‘ promotion to the post of ASSlstant Ayurved Meducal Officer only 3 _ ' ears exenence was required as per Rule 14 of the Rules 1987 ‘ _ V . l lthe respondent was havmg that experlence and lt was no where d x rowded that the candidate should have minimum qualmcatlon as rescrlbed for apporntment on the post of ASSIstant Ayurved V rp ' Medll Officer dlrectly or otherMse Thus the learned Slngle -Judge held that there was no minimum qualmcatlon for omtment by promotion on the post of ASSistant Ayurved Medical ‘ ffcer except 3 years experience on the post of Compounder The' , N learned Single Judge thus allowed the writ petition and directed? f hat the appellant authorities shall conSIder the case of the“ respondent afresh for promotion on the post of As3istant Ayurved . L Medical Offcer from the date his Juniors were promoted to the sai , ’ lM er. , ‘ ‘_ y p r p ca app O t d 'ost in accordance With la p w learne inal d Addtio r 'ir hau Advocat'e’ G'eneiai“ ppearing on behalf of the State/appellants argued that Rule 14 of the, Rules 1987 relates to conditions of eligibility for promotion He referred, _ , o Schedule IV prepared under Rule 14 and argued that apart from the ; - criteria of 3 years experience on the post of Compounder the essential L criteria for promotion to the post of ASSIstant Ayurved Medical Offcer‘ i _' ‘ was that the Compounder to be conSIdered in the feeder cadre must be Ayurvedic Graduate His submission was that the learned Single Judge lost Sight of this prOViSion and has wrongly held that except the criteria of , . experience of 3 years there was no other condition for promotion to th f ytités , '1 ia, W N67i2010 (3) M Kshoe Bdri ‘ ’f _ a ‘ r- t p e (4) O d M Ptk S ned counsel ppearing n the other han r raee harma lear a [Lon behalf of the respondent opposed these arguments and suppored the rder passed by the learned Slngle Judge W d. e have heard the learned counsel for the partles at Iength an aVe also perused the records of the writ appeal asyalso the writ petition. 6) hat the respondent did not posses the quallfcatlon o Ayun/edr y b H ‘ Sahltya Sammelan Prayag was not recognrzed by the concerne uthorltles If we go through the provrslons of Rule 14 which relates t condltlonsof elllbrllty for promotion It provrdes tat subject to the g h I rovrsrons of sub rule (2) the departmental promotron committee shall p , conSIder the cases of all persons who on the First day o anuary of tha ear have completed not less than such number of years of continuou ervrce whether substantive or offcratlng as specrfled rn column (4) of f d h u an ost or posts declared equwalent thereto by the Government p s; 1 ws t No sho Serial Number column No 2 shows the name of the pos from which promotion Is to be made column No 3 shows the name of th post to which promotion Is to be made column No 4 shows the reqUIsIt experience and column No 5 shows about the members of departmenta promotion committee C III d (_7)_‘ In case on hand we are concerned With ategory uner Estabhshmentof DIVISIonaI Organisation SI No 6 The relevant portion of Schedule IVIsquoted as under .V wn LN672o1o R APPEAI,Q./.: t . __ o () 5 I h (- t f c I Graduate as the Aurved Ratna examlnatron certlfcate granted y lndl d j a o It was not drsputed before us or before the learned Single Judg f J t V y s s ( “ r schedule IV) In the post mentroned In column (2) o the sai scedule or y p t Schedule IV corresonding to Rule 14 Is dIVIded Into 5 columns Column :4 $9 e e _ e l {I LE See Rule 14 p e f p q ost Nam o ost Reulsne hh hh t pe wic wic promoion exerienc Is to I to be made s ember r Departmental romotio of am rom romotion be a (2) ( 4) (5) 3) ( Etiht fDiI Oion sablsmen oivisona rgansati 1 Cgyl ateor- 1 2- 3 ‘4 Cy-II ategor 5 Cy" ategor-l istrict yurve fficer (Senior) ember , r, r uperintendent Hospitai harmac s5istan Aurvedi 6 ompounde 1) 40 ro Medica ffice ompouners who re Aurvedi Graduates e"se‘ar 5Rch yurvedic eca ice h'ouh i has been mentioned n column‘ No. tat e experience f 'Tg t i 4 h th or p p Ay Mdil ff f h st romotion to the ost of Assistant urved eca Oicer rom te po o p y b h bn f Comounder should be 3 ears ut at the same time It as also ee rowded in column No 2 that the eder care or such promoion woul p d f t d e the cadre of Comounder and that would e from th ' b p b 40% e Cmpounr h yd/ Gdt V p f the odes wo are Aun/e rauaes arious rovrsrons o es c ( b gh d th be olumns columns 2 to 5) are to e read toeter an noing can - r n N Cl pOidd that ead in iSoIation. When in colum o.2, it‘has been-early rve 5 §o“\ ,WRIT APPEAL No.67/201 0 SCHEDU IV ( ) M ?of pn committee Ne f p mde‘ D Ad OM. o S . Py Cr At yc 3 years ‘( % fm l Or cd reIIeVi Assrstant (a yc A Mdil Offr RIT APPEAL No.67l2010 t pn d f he Comouders Whoarae AyurvediC'Graduates, are to be considere romtion, a Compoundér, who‘in‘ faciwas not an Ayurveiciiradua po t dGtg Ec (_g d 'ahnot be’cohsidered' for,,promotior: to the‘ post of Assistant Ayurve ’gc g o Sd IV ‘ Cw 1987. 8)_ Amittedly, the [espondent was not having the requisi ualification, as he was not an AyLi‘rvedic Graduate. Therefore, the cas f the respondent: was not Iiable for consideration for promoion to t ost of Assistant Ayurved Medical Officer and the writ petition filed by th rp d rateek Sharma also ared that‘te requirement of yu’rved‘ Mr. P gu h Aic raduates isspecially meant for 40% of the total strengt of feedin G h g adre Comounders, who posSes that ualification, but itris not a e er cadre haVing 3 years eXperiene c. ( ; in 10) The argument advanced by Mr Sharma cannot be aCCepted ight of the provisions of ‘Rule 8aand Schedule Ill of the ules, 1987. ul eltes-todirect recruitment and the minimum, qualificatn. fo ppointment to the postr of Assistant Ayurved Medical fncer a rescribed in SchedUle lll is L.A.P._ Bhisgacharya Ayurvedacharya wit .A_.'Part l. TherefOre, a Compounder notbeing an Ayurvedic Graduate n fact would nt be eligible.for'considerati’oh for promotion to thspOsto ssistant Ayurved Medical Officer, as he would be lacking'in bas‘i ualification. Therefore, the above interpretation givento the proVisions-of ,_ ule 14 and Schedule lV of thei‘Rules,’ 1987‘cannot be accepte Me'dial‘OfFIc‘er in Iiht, of the provisinsof Ruie 14 read with cheule, atego I’ll 'Si. N076 of’the Rules, i( d te q e o t he p e esondent, in view of theabove, was liable to be ismissed. () 9. c p q n ssential qualification for the otherr¥Compounders who are in the feed W E§ l R Re 8 ra io r a O s p d h B_ , i , o ef- A c - q R d. No.7/01 (1) F hé é pp d Te 1 or t foregoing resons the writ aeal is allowe" h mpugned orer passed by the learned Sinle Jude Is set aside and th writ petition fled by the respondent Is hereby dlsmlssed 12 o order as to cost. Sd/- Chief Justice Judge ‘ 7 ¥ WRIT APPEAL §2o Q0, g I d g g e () N