Judgment

YOGESHWAR DAYAL, J. - Heard, special leave granted. Since the matter was heard at length, the appeal arising out of the Special Leave Petition is being disposed of as well.

2. The appeal is directed against the judgment dated 7th May, 1990 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 282 of 1986.

3. The application itself was filed before the State Administrative Tribunal on behalf of the serving senior teachers in the Government Homoeopathic College as well as All Orissa Government Homoeopathic Medical College Teachers Association against the Secretary to Government, Health and Family Welfare Department, Bhubaneswar and Dr. Godavarish Mishra, Deputy Director, Homoeopathy Bhubaneswar. In the original application the petitioners therein had prayed for quashing the Resolution of the Government of Orissa, Health and Family Welfare. Department, No. 40481/H dated. 15th December, 1986 and the Notification No. VI Med. XXIA.2/86 40621/H dated 16th December, 1986 whereby Dr. Godavarish Mishra, (respondent No. 2 before the Tribunal), Chief Medical Officer, Homoeopathy, was appointed as Deputy Director Of Homoeopathy on ad hoc basis till 28th February, 1987 or until further orders, whichever is earlier.

4. The aforesaid Resolution dated 15th December 1986 provided as follows:

RESOLUTION

Sub: Refixation of the criteria for selection of Deputy Director of Homoeopathy in Class I (Senior). in the Directorate of Indian System of Medicines and Homoeopathy.

At present the criteria for promotion to the post of Deputy Director of Homoeopathy has been fixed as follows:-

1. A recognised qualification as prescribed under the Homoeopathy Central Council Act, 1973 Schedules 2 and 3.

2. Two years experience as C.M.O. or Inspector of Homoeopathy or 10 years experience as Lecturer in Govt. Homoeopathy Medical College, Bhubaneswar.

"Lecturers with administrative experience would be preferred."

The question of fixation of a revised criteria for promotion to the rank of Deputy Director was under consideration of Government for some time past.

Government after careful consideration have been pleased to decide that henceforth C.M.O. Homoeopathy and Inspectors of Homoeopathy who have got a minimum period of 5 years of service shall be considered eligible for the post.

ORDER: Ordered that the Resolution shall be published in the Orissa Gazette and copies forwarded to A.G. Orissa/ All Depts. of Govt. / All Heads of Deptts. / All Distt. Magistrates/ Registrar, Orissa High Court/ Sec. Orissa P.S. C. for information and necessary action.

By order of the Governor.

C. Narayanaswamy,

Secretary to Government."

It is clear from the above Resolution that the earlier criteria for selection of Deputy Director of Homoeopathy was changed. The material change was that Lecturers in the Government Homoeopathy Medical College, Bhubaneswar did not figure in the present eligibility criteria for consideration for promotion to the post of Deputy Director, Homoeopathy.

5. By the impugned Notification dated 16th December, 1986, respondent No. 2, before the Tribunal, namely - Dr. Godavarish Mishra, Chief Medical Officer, Homoeopathy, was appointed as Deputy Director of Homoeopathy, as stated earlier.

6. We may mention that while the matter was pending before the State Tribunal the aforesaid Resolution dated 15th December, 1986 came to be superseded by another Resolution No. 40360/H. dated 25th November, 1987 which reads as follows: -

"Subject Refixation of the criteria for selection of Deputy Director of Homoeopathy in Class-I (Senior) in the Directorate of Indian Medicines and Homoeopathy.

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In supersession of this Department letter No 21410 H. dated 19-7-1984 and Resolution No. 40481 dated 15-12-1986 Government after careful consideration have been pleased to decide that henceforth only Chief Medical Officer Homoeopathy and Inspectors of Homoeopathy who have got a minimum period of 5 years of service shall be considered eligible for