D R SEHGAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Rajiv Sharma, J. Material facts necessary for the adjudication of this petition are that the petitioner has obtained Master Degree in Surgery in the year, 1989. Respondent No. 2 issued an advertisement vide Annexure A-1, dated 11.3.1993, whereby applications were invited by 12.4.1993 for filling up the posts of Specialist in Surgery Class-I. The post was reserved for Scheduled Caste candidates of Himachal Pradesh only. Following essential qualifications were required to be possessed by the candidates.

(2.) It will be also apt at this to take note of Note appended to Sr. No. 6, which reads thus: "Note: The qualification regarding experience is relaxable at the direction of HPPSC in the case of candidates belonging to the SC, if at any stage of selection, the HPPSC is of the opinion that sufficient number of candidates from this Community possessing the requisite experience are not likely to be available to fill up the vacancy reserved for them."

(3.) Petitioner and respondent No. 3 applied for the post of Specialist in Surgery. They were called for interview on 21.5.1993. Respondent No. 2 recommended the name of respondent No. 3 for the post of Specialist in Surgery. The case of the petitioner, in nutshell, is that respondent No. 3 was not possessing essential qualification of three years work in a responsible position connected with the specialty after doing post graduation. The case of respondents No. 2 and 3 precisely, is that the essential qualification was relaxed qua respondent No. 3 on the basis of Note 2 to Himachal Pradesh Health Services Rules, 1974.