DR. KRISHAN DEV VASHISHT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner passed the M.B.B.S. Course in the year 1984 and joined the P.C.M.S. Class II on ad hoc basis on 30.1987. His Services were regularised on 25.6.1992. The petitioner took the entrance test for admission to the M.D./M.S. 3 years Post Graduate Course, 1994, held by the respondents against the 60% seats reserved for in-service candidates and on the declaration of the result, the petitioner was shown at serial No. 35 on the merit list. At the time of counselling, the petitioner expressed his preference firstly for the speciality of Orthopaedics and secondly, for that of Radio-Diagnosis but was informed that no seats were available in either of these specialities. The petitioner, accordingly accepted admission on 8.11.1997 against a seat in the speciality of General Surgery. The petitioner, thereafter received information that a candidate who was at serial No. 52 (54) had got admission in the speciality of orthopaedics and as the petitioner was substantially higher in merit, he made a representation to the respondents for being given that speciality. On receiving no redress from the respondents, the petitioner filed C.W.P. No. 1091 of 1995 and vide judgment dated 31.5.1995 Annexure P-2, to the petition, this Court while allowing the writ petition directed that the petitioner be admitted to the M.S. Orthopaedics Course as at the time of his first interview, a seat in the Department of orthopaedics was, in fact, available and the same had been given to a candidate who was much lower in merit. It is the admitted position that no further action has been taken by the respondents with regard in the judgment under reference and it had accordingly, attained finality. The respondents accepting the judgment issued a No Objection Certificate. Annexure P-3 dated 29.6.1995 so as to enable the petitioner to join the Department of Orthopaedics and it is the admitted position that the petitioner joined the said course on 3.6.1995. The petitioner is, however, aggrieved by the order Annexure P5 dated 23.10.1997 whereby he has been ordered to be reverted to his posting the P.C.M.S. before the completion of three years from 30.6.1995.

(2.) Notice of motion was issued in this case on 4.11.1997 and the operation of the order Annexure P-5 was directed to be stayed. It is the admitted position that the petitioner continues to attend the Course as of now.

(3.) Mr. Deepak Sibal, the learned counsel representing the petitioner has argued that as per Annexure R.1 dated 20.1.1993, a person joining the Post Graduate Course was given a maximum period of three years to complete the course with full pay and if the course was not completed within that period, the candidate could complete the same after taking leave of the kind due i.e. leave without pay. It has, accordingly, been urged that the period of three years in the petitioner's case was to commence on 30.6.1995 when he had obtained admission in the Orthopeadics Course on the basis of No Objection Certificate Annexure P-3 dated 29.6.1995 and not from 8.11.1994 i.e. the date on which he had secured seat in the Department of General Surgery.