ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, while working as Medical Officer (Dental), was designated as Lecturer in H.P. Govt. Dental College, Shimla vide letter, dated 06.03.2010. Pursuant to letter, dated 06.03.2010, the petitioner was designated as Lecturer in H.P. Government Dental College, Shimla vide office order, dated 10.03.2010. The designation of the petitioner was for a period of one year. The petitioner approached this Court by way of CWP No. 1032 of 2010. The same was disposed of by this Court on 14.07.2010. The Court has directed the Government to consider the case of the petitioner for appointment as Lecturer for a period of three years, subject to availability of vacancies in the post of Lecturer in Government Dental College, Shimla. In sequel to the judgment dated 14.07.2010, the petitioner was re-designated as Lecturer in H.P. Government Dental College for a further period of two years w.e.f. 10.03.2011 vide letter, dated 28.03.2011. The petitioner was promoted as Lecturer on regular basis in the Himachal Pradesh Government Dental College, Shimla in the specialty of Oral and Maxillofacial Surgery vide notification, dated 25.11.2011. The respondent-State has notified the Recruitment and Promotion Rules for the post of Assistant Professor (Dental) (Gazetted) Class-I, in the Department of Medical Education, Himachal Pradesh, vide notification, dated 16th August, 2012. The post of Assistant Professor is a selection post. The minimum educational and other qualifications prescribed under Rule-7 are BDS degree of an Indian University or an equivalent qualification with Post-Graduate qualification/Diploma of National Board in the subject and with three years teaching experience after post graduation.

(2.) Rule-10 prescribes the method of recruitment. According to Rule-10,50% posts are to be filled up by promotion, failing which by direct recruitment on regular basis or by recruitment on contract basis, as the case may be 50% posts are to be filled up by way of direct recruitment on regular basis or by recruitment on contract basis, as the case may be.

(3.) Rule-11 reads thus: