NAND LAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There is a post of Vaid in Class III under the Punjab Government. The next higher post or promotion is that of Assistant Director or Deputy Director in Class II. Sometimes in 1978, the State Government appears to have created some posts of District Ayurvedic & Unani Officers. The channel of promotion for the post was not from the Vaids. In fact, the said post of District Ayurvedic and Unani Officers were ex cadre. One of the essential qualifications prescribed for the post of District Ayurvedic and Unani Officers is five years regular Degree Course. The petitioners have undergone four years' Degree Course. They staked a claim for promotion to the said post, which was rejected on the short ground that the petitioners did not fulfil the requisite essential qualification. The petitioners preferred CWP No. 3883 of 1987. It was admitted by a Division Bench by order dated 3.7.1987. While issuing notice of motion, the learned Judges directed that if any promotions were made, the petitioners shall also be considered. The question regarding considering the petitioner did not in fact arise, because no post became available for being filed by a promotion after 3.7.1987. Now, one post was going to fall vacant when the present Misc. Application No. 1473 of 1989 was moved by the petitioners. Petitioner No. 1 stated that he obtained Degree of Ayurvedratna from Hindi Sahitya Sammelan, Paryag (Allahabad) after four years study while petitioner No. 2 obtained Degree of Ayurvedacharya from the Ayurvedic College, Patiala. The said Degree was obtained by petitioner No. 2 after four years of study. Petitioner No. 2 also obtained a Degree of Ayurveda-bachaspti (M.D. Ayurvedic) from the Punjabi University, Patiala after three years study. The petitioners have prayed that in the vacancy resulting from the retirement of Mr. Som Dev, who was retiring on 31.1.1989, they apprehended that their just claim will be ignored and persons holding five years' Degree who are otherwise junior to the petitioners will be considered for promotion. It is in this context that the petitioners seek stay that the post of District Ayurvedic and Unani Officers be not filled till the final decision of the writ petition. In the alternative, the petitioners pray that they may be promoted to the said posts with the Degree that they possess.

(2.) The application has been opposed both by the State as well as private respondents.

(3.) The fact that a post in question fell vacant on 31.1.1989 was not denied, but it was stated that according to the instructions of the Government dated 17.2.1978 (copy annexure R1/1, appended with the reply), the essential qualifications for the post of District Ayurvedic Officer (Unani) is a Degree for five or more years regular course) in the Unani System of Medicine. A similar provision was made in the case of District Ayurvedic Officers. The firm stand of the State is that the petitioners had done only four years Degree Course and they did not therefore fulfil the essential qualification. Faced with this difficulty, the learned counsel for the petitioners contended that petitioner No. 2 had done four years' Degree on the one hand and three years Post Graduation Course equivalent to M.D. Ayurveda on the other hand and even then he was not being equated with a person who had done five years regular course.