PREM KUMAR MALHOTRA Vs. MCD

JUDGEMENT

(1.) The petitioner in these proceedings has impugned a public notice/advertisement issued by the respondent (hereafter called the MCD) dated 21st June, 1984. By that the MCD invited applications for appointment to the post of Vaid in the pay-scale of Rs.650-1200 (pre-revised). The essential qualification required was a recognised medical qualification included in Part-1 of the Second Schedule, Part-1 of the III Schedule or in the Fourth Schedule to the Indian Medicine Central Council Act, 1970; the prescribed experience was in Ayurveda preferably in recognised Hospital OF Dispensary.

(2.) The petitioner was working as a Compounder with the MCD since the year 1968. For the first time, in the year 1975, certain regulations were formulated, for the post of Vaid and other classes of personnel working in the alternative medicine system, namely, Hakim and Homeopathic Doctors. Initially a quota of 75% for direct recruitment had been prescribed.

(3.) In the year 19.79, by virtue of a resolution, which was approved on 9.2.1979, the quota for promotion to the post, inter alia of Vaid was increased to 50%. The relevant criteria in the form of Draft Recruitment Rules made applicable at that stage read as follows: "8. Whether age and qualifications prescribed for the direct recruitment will apply in case of promotions recruitment will Qualifications: Yes 9. Period of probation, if any 2 years 10. Method of recruitment whether by direct recruitment or by promotion or by deputation! transfer and the percentage of vacancies to be filled by various methods By direct recruitment: 50% By Departmental promotion: 50%. 11. In case recruitment by recruitment will promotion/deputation/transfer grades from which promotion/ deputation/transfer to be made By promotion from Compounders with at least 5 years regular service in the grade 12. If a Departmental Promotion Committee exists, what is its composition. The Selection Board will be constituted by the Commissioner.