HARBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition involves a challenge to the policy of the Government to reserve 60% seats only for the in-service Punjab Civil Medical Service Doctor / Punjab Civil Medical Service (Dental)/P.D.E.S. candidates. The petitioner has prayed for the quashing of this reservation and also for issue of a direction to the respondents to treat him at par with the Punjab Civil Medical Service (for short 'P.C. M.S.') in-service Doctors for admission to the Post Graduate Degree Course in Medical Education.

(2.) A look at the averments made in the petition shows that the petitioner joined service of the Government of Punjab on 29-1-1987 on his appointment as Medical Officer at the Primary Health Centre Sihar Block, Maloud, District Ludhiana. At the time of entry into service the petitioner possessed the academic qualification of M.B.B.S. pass. He served up to 12-12-1989. Thereafter, he joined as Medical Officer in the service of the Punjab Agricultural University. Ludhiana (for short 'P.A.U.'). In response to the Notification dated 8-6-1994 issued by the Government of Punjab for admission to Three Years Post Graduate Degree Course in the Government Medical/Dental Colleges at Patiala and Amritsar, the petitioner applied for admission to the Post Graduate Entrance Test which was to be conducted by the Guru Nanak Dev University, Amritsar (for short 'the G.N.D. University'). The petitioner appeared in the Entrance Test held by the G.N.D. University and his name came to be included at Sr. No. 193 in the combined merit list prepared by the University. Claiming himself to be eligible for admission against the 60% seats reserved for the in-service P.C.M. S. doctors, the petitioner represented to the respondents for being admitted to the Post Graduate Medical Course. The respondents did not yield to the request of the petitioner and due to this reason the petitioner has filed this writ petition and has made the prayers as aforementioned. Petitioner's contention is that P.A.U. is an institution established in terms of Section 4 of the Punjab Agricultural University Act, 1961 and since the University is under the direct control and management of the State Government, the service rendered by him as Medical Officer under the P.A.U. shall be deemed as service under the State Government and he cannot be denied admission to the Post Graduate Medical Course on the ground that he is not a member of the P.C.M.S. Another contention of the petitioner is that the provision contained in the notification issued by the Government for reserving 60% seats only for the in-service P.C.M.S. officers or P.C.M.S. (Dental)/ P.D.E.S. officers is arbitrary, unreasonable and capricious. Yet another contention of the petitioner is that when the Government has granted relaxation in the requirement of three years rural service in favour of the Demonstrators working in the Government Dental Colleges at Patiala and Amritsar, there is no justification for not to grant similar relaxation in the cases to other in-service Doctors.

(3.) Reply to the writ petition has been filed by respondent No. 3 and therein it has been pleaded that the petitioner had served as Doctor in the P. C. M. S. for a short period of 2 years 10 months and 14 days on the basis of ad hoc appointment given to him. Thereafter he resigned from the Government service and joined the service of the P.A.U. Respondent No. 3 has pleaded that the petitioner does not have a right to be admitted against the 60% seats because he does not belong to the P.C.M.S.