AMIYA KANTI HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner is the Additional Director of Health Services (Administration), West Bengal. He was appointed as such by a Notification dated June 30, 1988, which is Annexure 'C' to the writ application. Simultaneously, on the same date, by another notification, the Respondent No. 4 was appointed as Director of Health Services, West Bengal. The said notification also is Annexure 'D' to the writ application. The instant writ application was moved on July 4, 1988 with prayers, inter alia, for writ of mandamus commanding the Respondent to withdraw, cancel, rescind and/or recall the notification (Annexure 'D') and also for a writ of certiorari for quashing of the same. After exchange of affidavits the writ application has been heard out by me.

(2.) From the submissions made on behalf of contesting parties, it appears that the resolution of the dispute involved in the writ proceeding substantially hinges on the construction of a memorandum issued by the Secretary, Department of Health and Family Welfare, dated April 20, 1986, Annexure 'A' to the writ application, which embodies the Government decision and sanction thereto of the Governor to the creation of two posts in the unified cadre of the West Bengal Health Services in place of single post of Director of Health Services, West Bengal. One of the created posts is the post of Director of Health Services to which the present dispute relates. At this point, it is necessary to take note of the criteria which were laid down by the said memorandum for filling up the said post. The relevant part of the said memorandum may be quoted as follows:

(3.) It is not disputed that the post is a selection post. Upon careful reading of the quoted paragraph, it becomes clear that it requires basically two criteria to be satisfied - - (i) seniority and (ii) administrative experience. 'Seniority' cannot mean seniority on the basis of the gradation list because in that event it was open to use the term 'senior most' instead of seniority. Senior Medical Officer means Medical Officer having sufficient experience. The second criterion of having administrative experience means that he must have practical experience in administrative matters. In other words, he must have, during his service career, been entrusted with the task of administration. The second criterion is qualified further by saying 'preferably with 15 years' administrative 'experience'. The terms 'preferably' and 'fifteen years' indicate the flexibility of the second criterion in case of necessity.