SANJEEV CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is a doctor who has secured admission in the Post Graduate Medical Course. He has been in the service of the State on contract basis. The State has given special concession for the contract service doctors also by providing quota for admission to Post Graduate Courses. However, there is one subtle distinction between the regular in-service candidates and the contract/Rogi Kalyan Samiti candidates. The regular in-service doctors get study leave, whether they are in Government Medical Colleges or in private Medical Colleges, during the Post Graduate Courses, whereas the contract/ Rogi Kalyan Samiti doctors, if they serve in private medical colleges, do not get that benefit. At the outset, it has to be noted that the study leave is contemplated only as per the Central Civil Services (Leave) Rules, 1972. Rule 2 provides that the Leave Rules would apply to Government servants appointed to the Civil Services and posts and that the same shall not apply to persons appointed on contract, except when the contract provides otherwise. Therefore, it all depends on the terms of the contract executed by the employee concerned. The learned Additional Advocate General submits that in terms of the contract already executed by the contract service doctors/Rogi Kalyan Samiti doctors, there is no provision for study leave.

(2.) The petitioner has yet another apprehension as to whether he would be in the contract service after completion of the Post Graduate Course. Provisions 3.2, 3.4 and 3.5 of the prospectus read as follows:

(3.) Conjoint reading of the safeguards as provided by the State in the prospectus would show that the period of Post Graduate Course rendered by the contract/Rogi Kalyan Samiti candidates would be counted for the purpose of regularization. Yet another safeguard is that, on completion of the Course, such doctors, whose contract had already been terminated, would be considered against available vacancies. Therefore, it is clear that the re-engagement of the contract/Rogi Kalyan Samiti doctors who have been given the special privilege in the quota of admission to Post Graduate Course would depend on the availability of vacancies. We hence make it clear that in case vacancies are available, those doctors shall be considered in preference to fresh hands. Needless also to say that their period of Post Graduate Course will be counted for the purpose of regularization as well.