IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5489 of 2010. Decided on: July 5, 2011. Parvesh Kumar Jhingta & ors. Vrs. State of H.P. & anr. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioners: Ms. Jyotsna Rewal Dua, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr.Ankush Dass Sood, Addl. AG, for respondent No.1. Mr. D.K.Khanna, Advocate, for respondent No.2. Mr. Dilip Sharma, Advocate, for respondent No.3. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP No. 6499 of 2011. Allowed. Sh. Narotam Ghezta, son of Sh. Krishan Chand Ghezta r/o Charan Niwas, Lower Cemetary, Sanjauli, is impleaded as the additional 3rd respondent. The application is accordingly disposed of. CWP No. 5489 of 2010. Show me the man, I will show you the law, appears to be the strategy adopted in filling up the posts of lecturers in Dental College, Shimla. Pursuant to our order dated 27.6.2011, the Principal of the Dental College is present before this Court with records. Having gone through the records, the emerging picture is certainly disturbing, if not shocking. There has been no consistent policy in the matter of recruitment. The Principal submits that on account of timely steps not taken to fill up the posts of lecturers, the interests of the institution have suffered to a great extent, particularly at the time of inspection by the Dental Council of India. Apparently, lack of consistent policy in the matter of appointment and maintenance of discipline seems to be one of the major contributing factors to its loss of face. 2. The challenge is on Annexure P-7, notification dated 9.7.2010 and Annexure P-8, advertisement of the Public Service Commission. As per Annexure P-7, the government issued a notification that steps were being taken to fill up 8 posts of lecturers in Government Dental College, which had been 2 advertised by the Public Service Commission on 29.1.2009. On 29.1.2009, the Public Service Commission had initiated the recruitment process for filling up of 8 posts of lecturers in the Dental College; 2 general in Oral Surgery, 2 general in Oral Pathology, 1 general in Community Dentistry, 1 general in Periodontics and 1 general in Conservative Dentistry. It appears, no fruitful steps were taken pursuant to the advertisement, referred to above. Be that as it may. After Annexure P-7, notification of the government dated 9.7.2010, the Public Service Commission has issued Annexure P-8, advertisement to fill up the posts of lecturers, in terms of the Himachal Pradesh Medical Education (Dental ) Services Recruitment & Promotion Rules 2006. The petitioners submit that as per the said Rules, 50% of the posts in the cadre should be filled up from among the in-service candidates. Whether there are lecturers in Oral Surgery in the sanctioned posts in the cadre from in-service candidates is itself a matter to be examined. In any case, since 2 posts are advertised, there is no dispute that one should go to the direct. If in the sanctioned cadre, there is deficiency of in-service candidates to the extent of permitted 50%, necessarily steps should be taken to fill up those posts from among the in-service candidates. Now, that the Rules are permitted to be resurrected as per Annexure P-7, the cadre strength and eligibility also will have to be determined on the basis of the position existing as on Annexures P-7 and P-8. 3. Learned counsel appearing for the Public Service Commission points out that the government has withdrawn its requisition for appointment to the posts of lecturers in Oral Surgery, Community Dentistry and Periodontics and hence the Public Service Commission did not pursue its steps for the recruitment as per Annexure P-8 in those categories. However, on a pointed query, the Principal of the Dental College has brought to the notice of this Court that the government has in the meanwhile taken steps to fill up the posts by promotion in Community Dentistry and Periodontics. It is also pointed out that as per the government letter dated 5.1.2010, two posts in Oral Pathology and one post in Conservative Dentistry had to be filled up by direct recruitment. 3 4. There is no dispute as to the availability of vacancies in the posts of lecturers in Oral Surgery. The Principal also submits that it is only in the interest of the institution that posts are filled up either by way of promotion or by way of direct recruitment since the children are put to very severe hardships for want of lecturers in Oral Surgery. It is also not in dispute that the government has infact addressed this burning issue in respect of other departments in the Dental College and has taken timely steps either to fill up the posts by way of direct recruitment or by way of promotion. If, as on the date of Annexure P-7, notification by the government dated 9.7.2010 and the subsequent notification dated Annexure P-8 advertisement issued by the Public Service Commission on 20.8.2010, there existed vacancies and in case those vacancies are still available in Oral Surgery and in case the petitioners are otherwise qualified and eligible to be considered against the 50% quota available to the in-service candidates against the cadre strength of posts, they have to be considered along with other eligible candidates as on that date, in terms of the selection process as per the Rules, which have been resurrected as per Annexure P-7. Since there is no dispute as to the availability of one post from the in-service candidates, there will be a direction to the respondents to take steps to fill up the one post available to the in-service candidates in accordance with the Rules by the selection process under the Rules, initiated as per Annexures P-7 and P-8. This shall be done within a period of two months from today. 5. The Writ Petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. July 5, 2011. ( Justice Sanjay Karol), (karan/vs) Judge.