RAMESH SHRIDHARPANT PANDE Vs. MUNICIPAL COUNCIL ACHALPUR

JUDGEMENT

(1.) THE petitioner has approached this Court challenging the order and resolution of Standing Committee of respondent No. 1 Municipal Council, Achalpur, dated 10-8-1987 selecting the respondent No. 2 for the post of Ayurvedic Vaidya as also the order of Additional Commissioner, Amravati Division, Amravati, dated 28-10-1987 in Revision No. 10-A/87-88 confirming the selection of respondent No. 2.

(2.) THE relevant facts necessary for our consideration for deciding the controversy involved in this petition are as under :-The Municipal Council, Achalpur, having decided to establish Ayurvedic Dispensary at Achalpur, sought an approval of the Regional Director of Municipal Administration for creation of necessary posts, viz. , (1) Vaidya (Ayurved), (2) Compounder (two) and (3) one post of a peon. The qualification for the post of Vaidya (Ayurved) was stated to be Vaidyacharya Degree Course of six years. The Regional Director of Municipal Administration granted requisite approval for creation of the posts on or about 5-11-1986. The Standing Committee of Municipal Council, Achalpur passed a resolution on 17-3-1987 to fill up the posts in pursuance of the approval of the Regional Director of Municipal Administration.

(3.) THE petitioner took up a job with Municipal Council, Achalpur as a compounder on or about 20-11-1979 and he holds a permanent post as a compounder. According to the petitioner he has acquired a degree as Vaidyacharya having undergone degree course of six years and degree was conferred on him by Nikhil Bharatvarshiya Ayurved Vidhyapeetham, Delhi. It is also the contention of the petitioner that he was given an appointment order dated 22-6-1982 by the Buldana Zilla Parishad as Ayurvedic Vaidya for a period of one year and he was posted at Loni Gurav with Lakhanwada Primary Health Centre. However, petitioner could take up the said appointment because of the ill-health of his father and, therefore, he continued his service in Municipal Council, Achalpur, as a compounder. But then petitioner applied to Municipal Council, Achalpur, for selecting him to the post of Ayurvedic Vaidya as according to him he was holding requisite qualification.