NEELAM PATHAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for issuance of a writ of mandamus to the respondents to consider the petitioner's candidature for appointment as Ayurvedic Medical Officer.

(2.) The record of the case shows that in response to the advertisement published in the daily newspapers on 29.11.92 for recruitment of six Ayurvedic Medical Officers, the petitioner had applied on 20.12.1992. At that time, she was within the upper age limit of 35 years. However, the appointing authority did not complete the process of selection. After about a year and nine months of the issue of advertisement, the Government of Punjab constituted the Punjab Subordinate Services Selection Board vide notification No. 12/16/94-1 P.P.3/18181 dated 19.9.1994 and declared that all initial appointments to the Class-III and Class IV services or posts under the Punjab Government except the posts under the Punjab & Haryana High Court, Punjab Vidhan Sabha Secretariat and those which may be excluded by the Government from the purview of the Board, shall be made on the advice of the Board. However, consultation with the Board was not required for making temporary appointments for a period not exceeding six months. On the same very day, the Government of Punjab, Department of Personnel and Administrative Reforms issued circular No. 12/16/94-1 PP3/18189 and directed that where the departmental selection committes have not completed the process of selection, the records thereof be immediately sent to the Board and further action for selection of suitable candidates shall be taken by the Board. These instructions were modified vide circular letter No. 12/42/94-1PP3/4336 dated 20.2.1995 whereby the Government decided that all the applications pending with the departmental selection committees should be filed by the departments and no record be forwarded to the Board and also that only the requisition/demand for filing of the posts of different categories of Class-III should be sent to the Board.

(3.) It appears that instead of making regular selection through the agency of the departmental selection committee, the respondent No. 2 resorted to ad hoc appointments of Ayurvedic Medical Officers for a pretty long time. Even after the constitution of the Board such appointments were continued to be made. After about three years and five months of the publication of the advertisement for recruitment of six Ayurvedic Medical Officers, the Board issued an advertisement for 18 posts. The last date for submission of applications was notified as April 30, 1996. The age qualification came to be prescribe 18 years (minimum) and 33 years (maximum). Another advertisement was issued on 1.7.1996 for 46 posts of Ayurvedic Medical Officers in respect of which requisition was sent by the respondent No. 2 on 19.6.1996. At the same time, the upper age limit was increased from 33 years to 35 years as on 1.1.1996.