DK ASIM KUMAR BOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by special leave from a judgment and order of the Delhi High Court dated January ( 9/11/1979 raises a question of some complexity. The question is whether a Specialist Grade II in a teaching hospital belonging to the Central Health Service is eligible for appointment or promotion as a Professor or Associate Professor of the concerned speciality. The appeal turns on a construction of sub-rules (2) and (2-A) of Rule 8 and paragraphs 2 (b) and 3 of Annexure I to the Second Schedule of the Central Health Service (Amendment) Rules, 1956.

(2.) THE Central Health Service was formed more than two decades ago and was intended to replace the Indian Medical Service, but the recruitment rules were not framed till the year 1963. THE Service was constituted for providing doctors for manning the medical, public health and medical research and teaching posts in the Central Government hospitals, dispensaries, scientific research institutions and institutions of higher education. THE members of this Service are also meant to man posts in the Union Territories and the various autonomous bodies.

(3.) RULE 8 provides for the future maintenance of the Service. After appointments have been made to the Service under Rr. 7 and 7-A future vacancies have to be filled in the manner provided therein. R. 8 (2) provides that every vacancy in the Specialists Grade shall be filled by direct recruitment in the manner provided by the Second Schedule through the Union Public Service Commission, subject to the exception made in R. 8 (2A) with regard to Associate Professors and Assistant Professors. RULE 8 (3) provides for 50 per cent of the vacancies in Supertime Grade II to be filled by promotion of General Duty Officers Grade I and Specialists' Grade Officers in the ratio of 2:3 on the basis of merit and seniority and the remaining 50 per cent of the vacancies are to be filled by direct recruitment in the manner specified in the Second Schedule.