CWP No.4116 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
CWP No.4116 of 2009 (O&M)
Date of Decision: 26.3.2009
Dr. Ritesh Garg
...Petitioner
VERSUS
State of Haryana and another
...Respondent
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. R. K. Malik, Sr. Advocate with
Mr. P. K. Rohilla, Advocate
for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana.
Mr. Harkesh Manuja, Advocate
AJAY TEWARI, J.
The petitioner was selected as Medical Officer (HCMS-II) and
was called for counselling for posting by letter dated 23.6.2006 in which it
was mentioned as follows:-
“You are to give the choice of ten
PHCs/CHCs/General Hospitals as per order of preference
out of the list of vacancies attached herewith. In the list
of vacancies so provided the places/vacancies identified
with an asterisk indicates that this place/vacancy is
challenging in nature where one year of experience will
be counted as two years rural experience for while
counting rural experience for applying to PG courses.”
The petitioner opted for a challenging posting.
In the policy regarding Higher Studies for Doctors dated
CWP No.4116 of 2009 (O&M) -2-
12.03.2008, the following stipulation has been made:-
“The basic condition for eligibility is three years
regular service with successful completion of probation
period out of which two years service is essential in rural
areas for both for re-served and open seats in the case of
HCMS doctors. However, the condition of rural service
will not be applicable in the case of a member of the
HMES.”
The petitioner applied for Post Graduation studies with
respondent No.2 – Pt. B. D. Sharma University of Health Sciences, Rohtak
(Haryana) and appeared in the written test held on 01.03.2009 wherein he
secured 5th position. The grouse of the petitioner is that he has not been
issued the NOC and counseling is fixed for 27.3.2009. As per learned
counsel for the petitioner under the letter of appointment extracted above, he
was entitled to count one year of rural service as two years. Thus, since he
two years eight months of actual service, it would be equivalated to one year
eight months plus one year equal to two years, thus making a grand total of
three years eight months. At this stage, it would also be apposite to notice
the terms of the policy which was in force at the time when the petitioner
joined service. At that time, the provision read as follows:-
“Candidates keen to go in for higher studies for
the P.G. Diploma/P.G. Degree Courses against the
reserved seats will be required to apply for a “No
Objection Certificate” to the competent authority before
submitting their applications for admission to the said
course. Only those candidates will be considered for
CWP No.4116 of 2009 (O&M) -3-NOC under this category who fulfill the following
conditions.
i) He/she must have completed the probation period
successfully and completed 5 years service under
the State Government including the probation
period out of which three years services should
be in rural area/service.”
Thus, at that time, the petitioner was looking at three and a half
years actual service which would be equivalated to five years i.e. two years
plus one and a half year equal to three years.
The question which arises in this writ petition is:-
i) Whether the requirement of putting in three years
regular service is an absolute requirement or whether
it can be deemed to be notional?
In a somewhat similar case bearing CWP No.9946 of 2008
decided on 04.11.2008 titled as Dr. Anoop Goel V. State of Haryana and
others, a Division Bench of this Court held as follows:-
“We have heard learned counsel for the parties.
The petitioner cannot rely upon the stipulation contained
in Annexure P-4 i.e. letter addressed to Dr. Varun Garg.
The concession to Dr. Garg was personal in nature.
There is no policy decision in respect of such benefit.
But even if such benefit is deemed to be available to the
petitioner, it will only mean that one year’s experience in
such PHC will be counted as two years’ Rural
experience. It means that three years’ rural over
CWP No.4116 of 2009 (O&M) -4-experience required to be eligible for admission would
be satisfied by working for two years in Rural area. It
does not amount to relaxation in respect of 5 years of
service under the State Government. The three years’
rural experience is within 5 years of service under the
State Government. As the petitioner has not completed
five years of service under the State Government,
therefore, the petitioner is not eligible to seek admission
as an in-service candidate.”
Learned counsel for the petitioner has argued that the
observations in that writ petition took colour from the fact that the service of
the petitioner therein did not amount to five years even after giving the
benefit. I see no warrant for this interpretation. The observations of the
Hon’ble Division Bench are not qualified in any manner.
The interpretation given by the Hon’ble Division Bench is
binding on this Court.
Consequently, I hold that the requirement of having three years
regular service is an absolute requirement and thus the petitioner cannot get
the benefit of his rural service in challenging posting in the manner that he
is seeking.
This writ petition is accordingly dismissed with no costs.
Since, the counselling is stated to be fixed for tomorrow, let the
copy of this order be given dasti under the signature of the Court Secretary.
( AJAY TEWARI )
March 26, 2009 JUDGE
ashish