BALDEV SINGH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside a letter dated 9/10/2000 (Annexure P-3) written by the Registrar of Himachal Pradesh University-respondent No. 2 herein and directing the University to permit the petitioner to appear in the Entrance Test conducted for PG Degree/Diploma Course in Indira Gandhi Medical College, Shimla, for the Session 2000-2002/2003. A prayer is also made that respondent-University be directed to declare the result of the petitioner on merits of the Entrance Test and he be admitted to PG Degree/Diploma course after counselling.

(2.) The case of the petitioner is that he is an ex-serviceman. He passed his MBBS Examination in 1991 from Indira Gandhi Medical College, Shimla. After completing house job, he joined Army as Medical Officer. He served Army from July 1, 199 2/06/1997. After he was released from Army in 1997, he joined the State of Himachal Pradesh as Medical Officer (GDO-II) under the quota reserved for ex-servicemen. On 3/10/1998, he was selected on regular basis by Himachal Pradesh Public Service Commission against reserved vacancy for ex-servicemen. It is his case that under the provisions of the Ex-servicemen (Reservation of Vacancies in the Himachal Pradesh Technical Services) Rules, 1985, (hereinafter referred to as 'the Rules'), his services in Army are to be counted with the State. Since the petitioner was selected against the reserved vacancy meant for ex-servicemen and was posted as Medical Officer (GDO-II) on C.H.C., Chirgaon in District Shimla, his past services were to be taken into account.

(3.) On 20/10/1999, an advertisement (Annexure P-1) was issued for the post of Demonstrator/Registrar in the Department of Anatomy in Indira Gandhi Medical College, Shimla. The petitioner applied for the said post as in-service candidate. As per the advertisement, minimum service required for in-service candidate was five years on the last day of the receipt of the application, out of which three years ought to be in rural area. Since past services of the petitioner in Army were to be counted, he was eligible. He accordingly, applied for the post of Demonstrator. He was considered eligible for the post, was interviewed, selected and appointed as Demonstrator on 16/03/2000.