IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.467 of 2004 Decided on : November 17, 2008 Dr. Rajesh Sharma …Petitioner. Versus H.P. State Administrative Tribunal and others …Respondents. Coram The Hon’ble Mr. R.B. Misra, Judge. The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. D.K. Khanna, Advocate, for respondent No.2. Mr. P.K. Sharma, Additional Advocate General, with Mr. P.M. Negi, Deputy Advocate General, for respondent No.3. Mr. Haminder Chandel, for respondents No.4, 7 and 8. Per Surjit Singh, Judge( Oral ) Petitioner has sought judicial review of order, dated 22nd June, 2004, Annexure P-18, passed by the State Administrative Tribunal, whereby Original Application of the petitioner, seeking direction to the State to accept his application for appointment to the post of HPHS-I (Medical Officer), has been dismissed. 2. Relevant facts, which are not in dispute, are as follows. Petitioner passed his MBBS examination and also completed his internship in November, 1998, and the same year he was appointed as Medical Officer, on adhoc basis. In October, 1999, applications were invited by the State Public Service Commission, respondent No.2 herein, for appointment of Medical Whether reporters of the local papers may be allowed to see the judgment? …2… Officers, on regular basis. Petitioner, being already in service, as adhoc appointee, submitted application through proper channel. One copy of the application was submitted in advance. Petitioner’s application was rejected, on the ground that he had not submitted any document in proof of his age. He filed an Original Application, seeking a direction that he be considered for appointment as Medical Officer, on regular basis, and his application be accepted. Interim orders were passed by the Tribunal, on 23rd March, 2000, that the petitioner be permitted to take examination for appointment, on regular basis, by treating his application as having been accepted. However, the result was ordered not to be declared until the decision of the Original Application. The petitioner, however, continued as adhoc appointee with the respondents-State. In 2004, there were some seats in the Medical College for admission to MD Course, meant for departmental candidates. Since the petitioner was continuing as adhoc appointee, he too applied for admission to M.D. Course. His application was rejected on the ground that he was an adhoc appointee. He filed a writ petition in this Court, being CWP No.254 of 2004. This Court passed an order that result of the examination for regular appointment, as Medical Officer, which the petitioner had taken, pursuant to the interim order of the State Administrative Tribunal, be declared and in case he had passed that examination he be considered for appointment and if he was appointed then he be treated as departmental candidate for MD Course. The order was, however, made subject to the final result of the Original Application, which was still pending with …3… the State Administrative Tribunal. In compliance with the aforesaid order of this Court, result of the petitioner was declared and he was declared pass and was appointed on regular basis. Consequently, he was admitted to MD Course and has since passed the MD examination. He is still in the service of the State Government, as Medical Officer. 3. The Tribunal finally dismissed the Original Application, vide impugned order. Petitioner’s contention is that the order of the Tribunal is contrary to the settled principles of service jurisprudence. Learned counsel says that when the application had been submitted by the petitioner, through proper channel, respondent No.3-State, being his employer, was supposed to have forwarded his application, with all his particulars, including his age and date of birth etc., and that his candidature for the post of Medical Officer, on regular basis, could not have been rejected on mere technicality of non-submission of documents or papers bearing a reference about his date of birth. 4. We have heard the learned counsel for the petitioner, learned counsel representing the private respondents, learned counsel representing the State Public Service Commission as also the learned Additional Advocate General representing the State of Himachal Pradesh. 5. Admittedly, the petitioner was in service of the Government as adhoc Medical Officer, when he submitted application, in response to an advertisement issued by the State Public Service Commission, inviting applications for the posts of Medical Officers. He submitted the application through proper …4… channel. In the application, he made a mention of his date of birth. The only reason for the rejection of his application was that he had not submitted any proof of his date of birth, with his application. He, however, submitted with his application his MBBS certificate, per which he had passed the MBBS degree and completed internship in the year 1998. His candidature was ordered to be considered by the learned Tribunal, through an interim order. Thereafter, his result was declared, pursuant to an order passed by this Court in CWP No.254 of 2004 and he was appointed, on regular basis; of course, subject to the result of Original Application, and then he was permitted to be admitted as departmental candidate to MD Course and he has even passed the final MD examination. 6. Looking to the aforesaid facts and the circumstances, we are of the considered view that the order of the learned Tribunal is unreasonable and too harsh. So, we set aside the order, dated 22nd June, 2004, of the Tribunal, dismissing the Original Application of the petitioner, and direct that the petitioner shall be treated as having been regularly appointed, on the basis of the examination taken by him, pursuant to the interim order of the State Administrative Tribunal, result of which was declared pursuant to orders of this Court in CWP No.254 of 2004. Writ petition stands disposed of accordingly. ( R.B. Misra ), J. November 17, 2008(sd) ( Surjit Singh ), J.