KAMAL KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the appointment of the respondent No. 3 as Senior Resident is liable to be quashed on the ground that he was not eligible for such appointment is the only issue which requires adjudication in this writ petition.

(2.) The petitioner did his M.B.B.S. in the year 1977 and M.D. in the year 1994. He applied for selection and appointment as Senior Resident in response to the advertisement Annexure P2. His grievance is that the respondents Nos. 1 and 2 ignored his candidature and selected the respondent No. 3 notwithstanding the fact that the said respondent is not qualified to be appointed as Senior Resident in view of clause 1(6) of the notification No. 22/1/92-1 HB-III/3897 dated 24.4.1996 issued by the Government of Punjab, Department of Health and Family Welfare. The petitioner has questioned the eligibility of the respondent No. 3 by alleging that the said respondent worked as a Registrar from 4.4.1992 to 24.5.1993 and as he did post graduation while working as Registrar, the respondent No. 3 was not eligible to be considered for selection and appointment as Senior Resident.

(3.) The stand of the respondents Nos. 1 and 2 is that the respondent No. 3 was appointed as Registrar vide order dated 4.4.1990 and he joined on 25.4.1990. Subsequently he was re-designated as Junior Resident vide government letter dated 14.12.1992. According to the respondents No. 1 and 2, the respondent No. 3 did not complete his tenure as Registrar and, therefore, he was not disqualified from being considered for appointment as Senior Resident.