BHANUBHAI PUNJABHAI META Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, by filing the present petition for seeking following reliefs :

(2.) The background of facts emanating the petition are that petitioner is having qualification of Bachelor in Ayurved and came to be appointed as Medical Officer (Class­II). According to the petitioner, the petitioner since having a qualification of Bachelor in Ayurved, has a very brief promotional avenue in respect of higher level post like District Medical Officer as well as the post of Vaidya Panchkarma. The respondent Authority has framed the Medical Officer (Ayurved) / Resident Medical Officer (Ayurved) (Class II) Recruitment Rules,2015 which came to be lastly published vide Notification dated 1.7.2015 by the Health and Family Welfare Department, Sachivalya, Gandhinagar, State of Gujarat. By virtue of these Recruitment Rules, the post of Medical Officer / Resident Medical Officer (Ayurved) (Class­II) is to be filled in through direct selection only by virtue of Rule 3 of the Rules and Rule 3(b)(i) of the Rules is requiring a degree of Bachelor of Ayurved Medicine and Surgery (BAMS) obtained from the University established or incorporated under the Central or the State Act.

(3.) When the hearing has commenced, Shri N.K.Majmudar, learned counsel appearing on behalf of the petitioner has contended that this Rule 3(b) is providing a minimum qualification of postgraduate degree in Ayurved and on that basis, the higher level posts are to be filled in. This Rule 3(b) creates an unreasonable classification between two set of similarly situated persons as for promotion Rule 2(a)(i) makes a Resident Medical Officer / Medical Officer (Class­II) as eligible to be considered for promotion on the post of Vaidya Panchkarma / Deputy Hospital Superintendent (Class­I) on the basis of his/her qualification of Bachelor degree in Ayurveda. However, the Medical Officer (Class­II) actually who is serving with the Authority and having Bachelor's degree, is treated as ineligible for seeking appointment on the post through direct selection and as such, Rule 3(b) of the Notification dated 2.11.2017 runs counter to the touchstone of Articles 14 and 16 of the Constitution of India and as such, the learned counsel has ultimately requested the Court to set at naught by declaring the same as ultra vires.