DR. KHEM RAJ TULI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Brief facts giving rise to this writ petition are that Dr. Khem Raj Tuli, petitioner was appointed Medical Officer vide appointment letter Annexure P-1 dated 4.2.1987 on short term basis. He has served for the required period of three years in rural areas and he is continuing to serve as an adhoc PCMS Doctor in the service of State. Admission to Post Graduate studies is regulated by notification Annexure P-l dated 8.2.1993 in accordance with the directions of the Supreme Court in CM. No. 7657 of 1987. Out of the seats 25% are filled on all India basis through competitive entrance test of the remaining 60% seats are to be filled from amongst eligible PCNS/PCDS in service doctors while 40% seats are to be filled from fresh graduates from the open market. The petitioner applied for admission to Post-Graduate Course in Surgery against 60% quota of of in service doctors. He also took the requisite test and secured 39.07 marks out of 80 and was placed at Sr. No. 149 in the general merit list. His name was not included in the general merit list relating to 60% quota on the ground that he had not been regularised in PCMS and continued to be on adhoc basis. At one stage there was constituted one committee headed by the former Chief Justice S.S. Sandhawalia. The recommendations of the Committee were accepted by the State Government. Gist of the various recommendations made by the Committee is given in the Press Note Annexure P-4 with regard to the adhoc doctors, it was recommended in paragraph-15 that the State Government should consider regularisation of services of adhoc doctors who had completed 4 years of service provided they were otherwise found fit.

(2.) The case of the petitioner is that in terms of the said recommendation which was accepted by the State Government, the petitioner was entitled to be regularised and in any case treated on the footing that for the purposes of admission to the Post Graduate Course, he is entitled to be considered against 60% quota. As the petitioner was not getting the requisite relief, he instituted C.W.P. No. 8514 of 1993. A number of adjournments were caused to enable the State Government to file a written statement. The State Government, however, failed to file any written statement. The petition was disposed of by a Division Bench vide order dated October 22, 1993 with a direction to the respondents to decide the case of the petitioner with regard to regularisation of his services by 1.11.1993 and in case the petitioner was found to be entitled to the regularisation, it was further directed, that he would be granted admission in the Medical College against the quota meant for in-service candidates according to his merit and in accordance with the relevant rules. Inspite of tie above directions, however, the respondents failed to regularise the services of the petitioner which necessitated his filing the present writ petition. The petitioner seeks a writ in the nature of mandamus directing the respondents to consider the petitioner as a regular PCMS candidate against 60% quota meant for in service PCMS candidates for purposes df admission to the Post-Graduate Medical/Dental Degree Colleges in the State of Punjab.

(3.) In response to the notice of motion, written statement has been filed by the State. The material facts set out above have not been disputed. The only plea raised is that the State Government has taken up the question of regularisation of the doctors year wise and the case of the petitioner would be dealt with when his turn comes. So far as his services have not been regularised in accordance with the recommendations of the Sandhawalia Committee which, undoubtedly, has been accepted by the Government, it is not disputed in the written statement that the petitioner is securing as adhoc PCMS Doctors.