ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Admit. As short question is involved, taken up for final disposal forthwith by consent. Counsel for the respondents waive notice. Heard learned counsel for the parties.

(2.) This appeal takes exception to the judgment of the learned Single Judge dated 5th December, 2012 in CWP No. 8407 of 2012-A. The appellant had sought writ of certiorari for quashing advertisement dated 8.9.2012, Annexure P-12, inviting applications for filling in vacant post of Assistant Professor (Oral and Maxillofacial Surgery) by way of direct recruitment on regular basis. Further direction was sought by the appellant against the respondents to fill in vacant post of Assistant Professor in question on regular basis only by way of promotion of Lecturers, on the assertion that post for promotional category. The appellant also sought relief against the respondents to defer the process of selection for appointment to fill in the vacant post of Assistant Professor (Oral and Maxillofacial Surgery), until the appellant becomes eligible for promotion on acquiring three years' teaching experience. The appellant asked for further alternative relief.

(3.) The learned Single Judge, after considering the rival contentions, negatived the plea of the appellant and found that the appellant was ineligible for being considered to the post of Assistant Professor (Oral and Maxillofacial Surgery). That finding has been assailed by the appellant. However, we are not inclined to over turn the said finding, considering the fact that the sweep of Rule 11 of the Himachal Pradesh, Department of Medical Education and Research Assistant Professor (Dental) (Class-I Gazetted) Recruitment and Promotion Rules, 2012, which is the governing Rule in place pursuant to which the advertisement came to be issued on 8.9.2012. That Rule predicates that the said post could be filled in by promotion from amongst the Lecturers (Dentistry), subject to possessing of educational qualification, as prescribed for direct recruitment against Column No. 7 coupled with three years' regular service or regular combined with continuous adhoc service rendered by the candidate, if any, failing which the post could be filled in by direct recruitment from amongst the candidates possessing the stated educational qualification with at least three years' teaching experience as Lecturer (Dentistry) in the concerned specialty.