SANGEETA AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This intra-court appeal has been filed by the writ petitioners against the judgment dtd. 31/5/2017 passed by the learned Single Judge in CWP No.12672 of 2017 titled 'Dr. Sangeeta Aggarwal and others vs. State of Punjab and others '. The claim agitated in the writ petition was not entertained on the ground that order dtd. 28/2/2013 (Annexure P-25) was sought to be challenged in the year 2017 and that it was within the domain of the executive as to whether the officers or persons who have substantial part of the service career in Medical/Dental Colleges as Member of the Teaching Faculty should be repatriated or not and as such is the prerogative of the State for resolving any issue arising there from, as per the need and in public interest. It was also held that the writ petitioners could not have a lien over such posts by raking up the issue of the order dtd. 28/2/2013 in the year 2017.

(2.) The facts in brief, noticed by the learned Single Judge are that the appellants were appointed as Medical Officers (Dental) with the Department of Health and Family Welfare in pursuance to the advertisement issued by the Punjab Public Service Commission. They were governed by the Punjab Dental Service erstwhile (Class-II) Rules, 1968, as per the appointment letter (Annexure P-1). The writ petitioners, four in number have indicated their dates of joining in para No.3 of the writ petition, ranging from 10/12/1990 to 16/3/1999. After being appointed as Medical Officers (Dental), the writ petitioners served in Rural Dispensaries/Primary Health Centres in the State of Punjab. The writ petitioners were transferred/ posted by respondent No.l in Govt. Dental College and Hospital, Amritsar/ Patiala as Medical Officer against the posts of Demonstrator/Senior Lecturer for teaching BDS (Bachelor of Dental Surgery) students in Govt. Dental College and Hospital and later designated as Demonstrator. The said appointment was done after getting 'No Objection Certificate' from their parent Department of Health and Family Welfare, Punjab. Reference can be made to the transfer/posting orders, Annexures P-2 to P-6, as Demonstrator/ Assistant Professor. Reference has also been made to the Punjab Dental Education Service (Class-II) Rules, 1977 (hereinafter referred as '1977 Service Rules') for regulating the conditions of the service of the persons appointed to the Punjab Dental Education Class-II service.

(3.) The mode of recruitment is provided under Rule 10 of the 1977 Service Rules. As per the said Rule, the three modes of appointment to the post of Demonstrator are (i) direct appointment, (ii) by promotion and (iii) by way of transfer or deputation from any officials already in service of Govt, of India or the State Government. The qualifications stipulated for appointment to the post of a Demonstrator (Dental), as appearing in Appendix-B to the Service Rules, a person should have passed BDS degree from a recognized University or equivalent qualification with atleast 6 months experience as House Surgeon in a recognized Dental College and Hospital and should not have taken more than two additional attempts in passing all the University professional examinations during the BDS course with atleast 60% marks in the final BDS examination.