AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by the instructions Annexures P1, P2 and P3 issued by,., the respondent/State for the purposes of making reservations in services for the, members of Scheduled Castes and Backward Classes in all the State services, this writ petition has been filed praying for issuance of directions to the respondents to the effect that the aforesaid policy was uot applicable to the case of the petitioners as he was engaged in the teaching, guiding and conducting research in Medical Colleges in the State of Punjab. Incidentally, it is mentioned that the policy was violative-; of Article 16(4) read with Article 335 of the Constitution of India.

(2.) Even though the writ petition was tiled on behalf of the Punjab State Medical and Dental Teachers Association, yet the same was treated to be a petition filed oa, behalf of Dr. A.S. Sekhon, in his individual capacity, as is evident from the court order dated 23.12.1993.

(3.) It is contended that the Stale of Punjab started a separate Department in the year 1973, known as "the Research and Medical Education Department" which was for the purpose of improving and modernising the Medical Education and Research. The Assistant Professors, Associate Professors and Professors are governed- by the rules, known as "Punjab Medical Education Services (Class I) Rules, 1978 (hereinafter called 'The Rules'). Rule y of the Rules provided method of appointment. According to this Rule, appointment to the posts of Assistant Professors to the extent of 75% was to be made by promotion from amongst the Lecturers and Senior Lecturers or by transfer of officials already in service of the Government and 25% appointments were to be made by direct recruitment. In case of Associate Professors, all the posts were required to be filled up by promotion from amongst the Assistant Professors. For appointment to the post of Additional Professors, it was provided that 75% of the posts shall be filled up by promotion from amongst the Associate Professors or where Associate Professors are not available, from amongst the Assistant Professors or by transfer of officials already in the service of the Government of India, or of a State Government and 25% posts were to be filled up by direct recruitment. In the case of Professors, 75% posts were to be filled up by promotion from amongst the Additional Professors, or where Additional Professors arc not available, from amongst the Associate Professors, or where Associate Professors are not available, from amongst the Assistant Professors or by transfer of officials already in the service of Government of India, or the State Government and 25% posts were provided to be filled up by direct recruitment. For appointment to the posts of Lecturers and Senior Lecturers, separate similar provision is made in Rules, known as "Punjab Medical Education Service (Class II) Rules, 1979. It is alleged that the State of Punjab vide its instructions dated 6.6.1974 increased the percentage of reservation for the reserved categories in direct recruitment, i.e. 25% in respect of Scheduled Castes and 5% in respect of Backward Classes. Vide its instructions dated 26.4.1974 and 4.5.1974, the State of Punjab decided to make reservation in promotion for the members of the Scheduled Castes upto the extent of 14% and Backward Classes upto the extent of 2% with effect from 6.3.1974. Vide instructions dated 2.9.1975, State of Punjab made certain clarifications in the earlier instructions issued, particularly with respect to the meaning of the word "Research . The Medical Council of India is alleged to have issued directions, prescribing norms and qualifications for candidates getting admission to Medical Courses and the teachers who join service. The teachers working in the Medical Colleges are alleged to have contributed to a great extent in medical specialities at the national and international level. It is contended that no reservation can be provided in the posts meant for organizing, guiding and directing research in the medical specialities in view of the provisions of Article 16(4) and Article 335 of the Constitution of India. It is then contended that the reservation policy is not applicable to the category of teachers, engaged in the medical classes under the control of Director. Research and Medical Education. The policy of instructions providing reservation in promotion in Classes I and II of the Punjab State is stated to have already been struck down by this Court.