SAMEER KAUSHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner a member of PCMS-II is aggrieved by the order of the respondents by which it has been held that "his regular rural service up to 31/01/1991 is less than three years" and that he could not be considered as an in-service candidate. A copy of this letter has been appended as Annexure P-4 with the writ petition. The petitioner's grievance is two-fold. He submits that while determining the petitioner's eligibility, the period of rural service rendered by him from 7/02/198 7/10/1988 (one year seven months and twenty-nine days) at Rural Hospital, Daulatpur Chowk, district Una in the State of Himachal Pradesh has been wrongly excluded. He further submits that the eligibility had to be determined as on 31/03/1991 and not as on 31/01/1991.

(2.) A brief reference to the facts would suffice. The petitioner passed his M.B.B.S. examination in the year 1984 from Government Medical College, Patiala. After doing one year Internship and one year house-job at Rajindra Hospital, Patiala, the petitioner joined as Medical Officer in Rural Hospital Daulatpur chowk, district Una in the State of Himachal Pradesh. He served there from 7/02/198 7/10/1988. It is claimed that this was 'rural service'. The petitioner was selected by the Punjab Public Service Commission for appointment as a Medical Officer in PCMS-II. He was posted as a Medical Officer in School Health Clinic at Ropar, where he joined on 6/10/1988 after having been relieved on 5/10/1988 (A.N.) from Himachal Pradesh. He was then transferred to Subsidiary Health Centre Mianpur in district Ropar, which post he joined on 7/11/1989. He continues to hold the said post.

(3.) The respondents issued an advertisement inviting applications from Medical Graudates for admission to various Post-Graduate Degree and Diploma Courses. 24 per cent of the total seats in each speciality were to be filled up on All India basis through competitive entrance examination, which was to be conducted by the All India Institute of Medical Sciences, New Delhi. 60 per cent of the remaining seats had to be filled up from amongst Registrars, Demonstrators and PCMS-II Officers with a minimum of three years rural service. 40 per cent seats had to be filled up strictly on merit from amongst the fresh graduates, PCMS-II Officers and Registrars / Demonstrators. In paragraph 3 of this advertisement it was specifically postulated that "all the PCMS-II Doctors, who have served the State Government for a minimum period of three years rural regular service (ad hoc service continuous with regular service will be counted) will be eligible for admission to Post-Graduate Medical Degree / Diploma Course under 60% quota." It was further provided in the advertisement that "the eligibility of the candidates will be decided as on 31/03/1991."