DOCTOR NAND LAL WALECHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought two reliefs through this writ petition: (i) that the service rendered by the petitioner in rural area in the State of Punjab should be taken into account for considering the case of the petitioner for admission to M.D. Course against the 33 seats meant for HCMS doctors (ii) issue a direction to the respondents to permit the petitioner to cross his efficiency bar taking into consideration the rural service rendered in the State of Punjab.

(2.) Skeleton facts seeking the above reliefs are the petitioner joined the State service on 24.4.1984 his services were regularised with effect from 1.12.1988. The State of Haryana reserved 33 seats in the post graduate courses for the HCMS doctors serving in the State. The eligibility condition for competing against the reserved seats provided as under:-

(3.) The learned counsel for the respondent, on the very out set, and I must appreciate very fairly and candidly, conceded that so far as crossing of efficiency bar is concerned keeping in view the rules for clearing the efficiency bar, the petitioner is entitled to the benefit of rural service rendered in the State of Punjab. Otherwise also reading of Rule 13 of the Haryana Civil Medical Service (Class II) Rules, 1978 hereinafter referred to as the rules, the relevant condition for crossing the efficiency bar runs as under:-