JATINDER BALI Vs. STATE OF H.P.

JUDGEMENT

(1.) The admitted facts of the case are that the respondents issued an advertisement in the Indian Express on September 18, 2000 inviting applications for the post of Registrar/Demonstrator in the Medical Education Department Himachal Pradesh. In all there were 40 posts for which applications had been invited and out of these one post in the department of ophthalomology, According the Recruitment & Promotion Rules notified on September 18, 1996 (AnnexureA/2) for the post of Registrar/Demonstartor, 50 percent of the posts are to be filled in by transfer from amongst in service candidates (also known as General Dirty Officer - to the short GDO) and 50 percent by direct/open recruitment The Rules further provided that if candidates from one group/category are not available, the posts would be filled up by candidates from other group/category. Rules further prescribe that for rotation of vacancies between -in service candidates and the open candidates, subject wise roster register will be maintained in the Indira Gandhi Medical College Shimla. The case of the applicant is that he has to appear as a direct candidate but in the advertisement the post of Registrar Ophthalmology is shown as reserved for General Duty Officer. It has been pleaded that the post now sought to be filled up was vacated on the completion of three year tenure of Dr. Nidhi Kaunshal who had been selected and had joined in the year 1997 as a direct recruit against the post reserved for direct candidature. The post vacated by Dr. Nidhi Kaushal should, therefore, go to the direct candidate. The applicant made a representation to respondent No.2 on September 18, 2000 but the mistake was not rectified. In this background this original application has been filed with the prayer that reservation of vacancy for the post of Registrar in the Deptt. of Ophthalmology in favour of General Duty Officer may be quashed and respondents be directed to strictly followed the roster and treat the said vacancy as reserved for direct candidates in accordance with rules and guidelines.

(2.) This original application has been opposed by respondents 1 to 3 and respondent No.2 filed a reply on behalf of these respondents. Respondents No.6 has filed a separate reply.

(3.) On behalf of respondents 1 to 3 it has been submitted in the reply that there are only two sanctioned posts of Registrars in the Dept. of Ophthalmology and as per record available, the posts have been filled in the posts as under: - (i) Dr. Raja Tuli Direct candidate (ii). Dr. Mohan Lal Pandey GDO (iii) Dr. Nidhi Kaushal Direct candidate (iv) Dr. Vinod Sharma Direct candidate