STATE OF C G Vs. PUNILAL CHAUHAN

JUDGEMENT

(1.) BEING aggrieved with the order dated 5th of February 2010 passed in W.P. No. 3083/2005 by the learned Single Judge of this Court, the State has filed this appeal. The facts, briefly stated, are as under:

(2.) THE learned Single Judge, referring to the judgment of Delhi Pradesh Registered Medical Practitioners v. Director of Health, Delhi Admn. Services and Ors. : (1997) 11 SCC 687, held in para 9 of the order that the Respondent has obtained Ayurved Ratna examination certificate from Hindi Sahitya Sammelan, Prayag, in the year 1995. Thus, the stand of the State that the Respondent does not possess the requisite qualification, as the Ayurved Ratna examination certificate granted by Hindi Sahitya Sammelan, Prayag, was not recognized, was correct and proper. However, considering the various provisions of M.P.(C.G.) Public Health (Indian Systems of Medicine and Homeopathy) Class III Ministerial Services Recruitment Rules, 1987 (hereinafter referred to as "the Rules, 1987"), the learned Single Judge held that for promotion to the post of Assistant Ayurved Medical Officer, only 3 years experience was required as per Rule 14 of the Rules, 1987; the Respondent was having that experience; and it was no where provided that the candidate should have minimum qualification as prescribed for appointment on the post of Assistant Ayurved Medical Officer directly or otherwise. Thus, the learned Single Judge held that there was no minimum qualification for appointment by promotion on the post of Assistant Ayurved Medical Officer, except 3 years experience on the post of Compounder. THE learned Single Judge, thus allowed the writ petition and directed that the Appellant authorities shall consider the case of the Respondent afresh for promotion on the post of Assistant Ayurved Medical Officer from the date his juniors were promoted to the said post, in accordance with law.

(3.) IN case on hand, we are concerned with Category III under Establishment of Divisional Organisation, SI. No. 6. The relevant portion of Schedule IV is quoted as under: