RAJ KUMAR JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner passed his M.B.B.S. examination from Medical College, Amritsar in the year 1968. The petitioner was selected Registrar Urology and joined in the Department of Surgery in Medical College, Amritsar as Registrar (Surgery) as there was no department of Urology. He continued to work in that capacity from 1.1.1979 lo 31.12.1981. During that period he successfully passed the examination of Master of Surgery. The Director, Research and Medical Education, Punjab, Chandigarh, invited applications for four posts of Senior Lecturers (Surgery) amongst PCMS-II doctors vide its letter Nos. 3 HBI-Pb-84/229-380 dated 25.1.1984 for which the petitioner also submitted his application. The petitioner then stood posted as Medical Officer, Primary Health Centre, Tarsikka (District Amritsar). The petitioner was selected as Senior Lecturer (Surgery) vide order dated 15.10.1984 and he joined as Senior Lecturer (Surgery) at Government Medical College, Amritsar on 13.11.1984 till today. On 22.5.1986 the Punjab Government decided to revert the petitioner from teaching cadre to the general cadre alleging that he was not possessed of requisite teaching experience in Surgery on the plea that he was selected as Registrar Urology and as such his experience from 1.1.1979 to 31.12.1981 cannot be taken into consideration or cannot be treated to be an experience in surgery and thus a show cause notice was issued to the petitioner as to why he should not be reverted to the general cadre. The petitioner replied to the show cause notice saying that there was no department of Urology and he worked in the capacity of Registrar (Surgery) from 1.1.1979 to 31.12.1981 and thus he possessed the requisite qualification and was rightly selected as Senior Lecturer (Surgery). On receipt of the reply, the Secretary, Department of Health and Family Welfare, vide order dated 11.5.1987 reverted the petitioner to PCMS-II cadre. The petitioner has challenged the order dated 11.5.1987 by way of this writ petition.

(2.) On filing the present writ petition, notice of motion was issued and operation of the impugned order dated 11.5.1987 was stayed till further orders. It is not denied by the respondents that by virtue of the said stay order, the petitioner is continuing as Senior Lecturer (Surgery) in Medical College, Amritsar. The respondents in their written statement have taken a stand that since the petitioner was selected Registrar in Urology, his experience from 1.1.1979 to 31.12.1981 cannot be considered to be that of Registrar in Surgery. In para 4 of the writ petition, it has been specifically stated by the petitioner that there was no department of Urology and the petitioner was made to join as Registrar (Urology) in the department of Surgery and he worked in that capacity. In reply to averments made in para 4, in the written statement no categorical denial has been made by the respondent meaning thereby that it stands admitted by the respondents that there was no department of Urology and the petitioner continued to work as Registrar (Surgery). The learned counsel for the respondent submitted that the experience certificate issued by the Professor Dr. Gurmel Singh, Head of Department of Surgery, Medical College, Amritsar was invalid inasmuch as he was not competent to issue such a letter. As a matter of fact the Director, Research and Medical Education, Punjab, Chandigarh, was competent to give such a certificate. A copy of letter No. 3 MEL-Pb 89/19108 dated 14.7.1989 from the Director, Research and Medical, Education, Punjab Chandigarh, to the Secretary Punjab Public Service Commission, Patiala has been placed on the record by the learned counsel for the petitioner. The authenticity of the letter has not been denied by the respondent. Rather it has been admitted that such a letter was sent by the Director Research and Medical Education, Punjab, Chandigarh, to the Secretary Punjab Public Service Commission, Patiala for considering the case of the petitioner for further promotion as Assistant Professor (Surgery). In the said letter, academic qualification and teaching experience of the petitioner is mentioned as under :-