VIJAY SINGH CHANDEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The challenge in LPA No.40 of 2022 is against the order passed by the learned Single Judge in CWP No.1465 of 2020 filed by the appellant which was dismissed on 30/12/2021. Similarly, challenge in LPA No.46 of 2022 is a judgment of even date passed in CWP No.1258 of 2020 titled as Dr. Nikhil Kumar Soni vs. State of H.P. and Others.

(2.) The relief claimed in the amended writ petition was for seeking quashing of the communication dtd. 11/8/2020 (Annexure P-17) vide which the NOC granted in favour of the petitioner, the Senior Resident in the Department of Surgery was withdrawn by the Director of Health Services, Himachal Pradesh. Resultantly, the petitioner prayed for the directions to offer the appointment for the post of Assistant Professor in the Discipline of Surgery in SLBS Government Medical College, Ner Chowk, Mandi with effect from the date it had been offered to Dr. Vishal Thakur along with consequential benefits.

(3.) The reason which weighed with the learned Single Judge was that the essential qualification inter alia was three years teaching experience after completing Post Graduation with the concerned subject. The College in which the petitioner has been designated as Senior Resident was established only on 31/5/2017 when permission had been granted under Sec. 10A of the Medical Council Act, 1956. Resultantly it was held that teaching experience could be only granted to a teacher from the date when the first batch was admitted in the studies undertaken and not before that.