AKSHAY DHAWAN Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The petitioner seeks consideration for appointment as a Medical Officer (MBBS) in pursuance of the advertisement dated 26.07.2011 (Annexure P2) against the General Category seats, which were 259.

(2.) There is no denying the fact that the petitioner, as per the provisional merit list, was at Sr.No.103 when counselled on 03.01.2012 and had obtained 61.75 marks in the written test. As per the remarks column (Annexure P4), he was held ineligible due to having not passed in the Punjabi examination upto the matriculation level, which was the necessary qualification, as per the terms of the advertisement, which reads as under:

(3.) The petitioner's case is that the service of the Medical Officers was governed by the Punjab Civil Medical (State Service Class II) Rules, 1982, wherein there was a proviso that the candidate who did not possess the qualification of Punjabi, would have to acquire the said qualification within 6 months from the date of joining. It is further his case that the service of Medical Officer was then brought under the purview of Punjab Civil Medical (State Service Class-I) Rules 1972 (for short, the '1972 Rules') (Annexure P12).