DR. MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge herein is to the promotion of Dr. Adarsh Kumar to the post of Assistant Professor Cardiology. Obviously, therefore, order sought to be quashed is dated 23.3.1991 whereby Dr. Adarsh Kumar respondent No. 3 was promoted to the post of Assistant Professor Cardiology. On the vacation of the said post by respondent No. 3, petitioner further claims that he be promoted to the post of Assistant Professor Cardiology. The said relief had to be asked through amendment brought about in the petition which was initially for considering and appointing the petitioner to the post under contention and not respondent No. 3, who, it is further stated in the amended petition, was promoted without considering the case of petitioner. Despite orders passed by the Motion Bench on that behalf.

(2.) Brief facts on which the relief aforesaid rests, reveal that the petitioner worked on the post of Senior Lecturer Cardiology in Medical College, patiala with effect from 19.3.1987. When respondent No. 3 was going to be promoted to the post of Assistant Professor Cardiology, the next higher post, he filed the present petition. As mentioned above, when despite orders passed by this Court to consider him as well, for the post under contention, he was not considered and respondent No. 3 was promoted on the basis of his being senior, petition was amended asking for the reliefs as indicated above. The case of petitioner is that respondent No. 3 does not possess the qualifications clothing him with the right of promotion to the post of Assistant Professor Cardiology as spelled out from the relevant Rules. The conditions of service of the members of the Punjab Medical Education Service are governed by the Punjab Medical Education Service (Class I) Rules, 1978 . Rule 2 deals with the definition, Section 2(d) defines 'Service' as Punjab Medical Education Service (Class I). Section 2(e) defines 'Department' as speciality listed in Appendix 'A'. The number and character of posts are, as per Rule 4 which are shown in Appendix 'B' of the Rules. Rule 7 deals with age and qualifications. The relevant part of the same reads thus:-

(3.) Whereas Appendix 'A' deals with the number of departments. Appendix 'B' shows the number of posts sanctioned in every department. Appendix 'C' gives the qualifications required for appointment of a particular post in any of the departments. The Rules of 1978 were amended by the Punjab Medical Education Service Class I (Ist Amendment) Rules, 1985. Rule 4 of the Rules of 1985 reads thus:-