R S ANAND Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, Dr. Ranjit Singh Anand, after completing his MBBS course was appointed as Asstt. Surgeon in the state in the year 1971. It is contended by him in his petition that after serving the State for 8 years as Medical Officer in different health centres, he obtained admission in the National Institute of Health and Family Welfare, New Delhi, for M. D. Course. He made a request to respondent No. 1 for the issuance of No. Objection Certificate and permission to join the said course which was granted and the government issued No Objection Certificate in his favour on 11 -5 -1978. Alongwith him Dr. Ejaz Beg, Dr. Iftikhar Ahmed Bukhari, Dr. Harbans Singh and Dr. Ratna Dhar, also got admission in the said course at Delhi. Amongst them Dr. Ejaz Beg and Dr. Harbans Singh could not complete the course as both of them failed and were required to appear in the supplementary examination to be held in September, 1980. The candidates who had proceeded to Delhi to study M. D. course made applications before the selection committee headed by respondent No. 2 for treating them on deputation and affording the benefit in terms of Article 44 -F of the J & K Civil Service Regulations (CSR, for short). The selection committee considered their applications and permission to join the - said course which was granted and the government issued No Objection Certificate in his favour on 11 -5 -1978. Alongwith him. Dr. Ejaz Beg, Dr. Iftikhar Ahmed Bukhari, Dr. Harbans Singh and Dr. Ratna Dhar, also got admission in the said course at Delhi. Amongst them Dr. Ejaz Beg and Dr. Harbans Singh could not complete the course as both of them failed and were required to appear in the supplementary examination to be held in September, 1980. The candidates who had proceeded to Delhi to study M. D., course made applications before the selection committee headed by respondent No. 2 for treating them on deputation and affording the benefit in terms of Article 44 -F of the J&K Civil Service Regulations (CSR, for short). The selection committee considered their applications and only deputation of Dr. Ejaz Beg, who was the son of Mirza M. A. Beg, the then Dy. Chief Minister of the State, was sanctioned. This doctor got the benefit of article 44 -F of CSR even though he had still to complete his MD course. Thereafter he (petitioner) and other candidates again represented to the respondents to give them the benefit of Article 44 -F CSR and under Govt. Order No. 151 -D of 1970 dated 18 -1 -1979 sanction was accorded to the deputation of Dr. Iftikhar Ahmed Bukhari, despite the fact that under a previous order issued by the Government, it was specifically provided that this doctor would do his M. D. course at his own expanse. Sometime thereafter Dr. Harbans Singh and Dr. Ratna Dhar, were granted study leave for two years.

(2.) THE petitioner has further averred that out of five candidates who had gone for M. D. course for the same session to the same institution under the similar circumstances, sanction was accorded to the deputation of Dr. 2jaz Beg and Dr. Iftikhar Ahmed Bukhari and study leave for two years granted to Dr. Harbans Singh and Dr. Ratna Dhar, but he (the petitioner) was ignored altogether for the said benefit and was discriminated against from the persons with whom he was similarly situated thereby violating the fundamental rights as granted under Article 14 of the Constitution of India. The petitioner has prayed for directing the respondents to treat the period spent by him at Delhi for obtaining the M.D. degree from May 1978 to March 1980 as on deputation under Article 44 -F of the CS3.

(3.) THE Deputy Secretary to Govt. General Department, Trainings Branch, has filed reply affidavit on behalf of the respondents m stating therein that no legal right of the petitioner has been infringed and as such he has no right to come up to this court in writ petition. The petitioners case was considered by a duly constituted selection committee which did not agree to the grant of study leave to the petitioner on the basis of cogent grounds. The petitioner had requested for permission to undergo post -graduation in the Hospital administration in the University of Delhi and he was allowed to do so. There was, however, no merit in claim of the petitioner that for the period of his studies, he automatically be entitled for the benefit of Article 44 -F of CSR which could be claimed by such Government servants who were sponsored by the competent authority for training courses outside the State. The petitioner should have got prior sanction in this behalf for being sponsored as a trainee. The other candidates sought prior approval of the Government for such benefits and they were sponsored by the Government. Deputation was sanctioned in favour of Dr Eijz Beg on merits of his case and not on the basis of his being the son of the then Deputy Chief Minister. Dr. Harbans Singh and Dr Ratna Dhar had applied for study leave much before they proceeded for the said training. Dr. Iftikhar Ahmed Bukari had sought the benefit while he was studying and had not completed the course.