UDAY BHANU RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has inter alia prayed for the following substantive reliefs:-

(2.) Brief facts necessary for the adjudication of the present petition are as under:- The case of the petitioner is that he did his MBBS in October, 2008 and thereafter joined the Health Department of the State as a Medical Officer at CHC Kotli, on contract basis. He undertook his Post Graduation course as an in-service candidate, in the specialty of Obstetrics and Gynecology from IGMC, Shimla, which course he completed in July, 2015. Thereafter, he was posted as a Medical Officer at Regional Hospital, Kullu.

(3.) Vide Annexure A-1, the petitioner was transferred by way of adjustment from Regional Hospital Kullu to Kamla Nehru Hospital, Shimla. He joined his duties at Kamla Nehru Hospital w.e.f. 10.08.2015. According to the petitioner, from the date of his posting at Kamla Nehru Hospital, Shimla, he was called upon to and he discharged the duties of a Senior Resident. To substantiate this fact, the petitioner has appended with the petition the duty roster of the Senior Residency in Kamla Nehru Hospital, Shimla collectively as Annexure P-3, in which, the name of the petitioner is reflected as a Senior Resident. Further, as per the petitioner, on 14.09.2018, a Prospectus was uploaded on the web portal of AIIMS, New Delhi (Annexure P-4), inviting applications from eligible candidates for fellowship programme in Minimally Invasive Gynecological Surgery. The requisite qualification of the said fellowship programme was Postgraduate Degree in Obstetrics and Gynecology or equivalent Degree with 3 years post Post Graduation teaching experience as a Senior Resident. According to the petitioner, as he had three years teaching experience as a Senior Resident after doing Post Graduation, he was fully eligible for said assignment. He applied for the programme in issue on 27.9.2018, and before that, he had applied to respondent No. 2 to issue in his favour the requisite teaching experience, which was done through proper channel.