Public employment by the government must be in accordance with the constitutional scheme and statutory rules. Appointment to public posts must be based on the rules framed under Article 309 of the Constitution.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The instant Writ Petition has been filed by the Petitioner under Article 226 of the Constitution, in the form of a Public Interest Litigation ("PIL"), seeking a Writ of Quo Warranto against Respondent No. 4 herein.

2. The crux of this matter revolves around the appointment of Respondent No. 4 as the Medical Director, Dr. Babasaheb Ambedkar Hospital ("BSA Hospital") situated in Sector-6, Rohini, Delhi, vide Order No. F.11/252/H&FW/2018/HR-Med./Pt.File-I/112587809/559-71, dated 10.03.2021, by Respondent Nos. 1 & 2 ("Impugned Order"), and whether the said appointment was done in accordance with law, or not.

3. At the outset, it would be pertinent for the sake of comprehension to give a brief background on the basis of which the aforesaid prayer has been sought, and the basis on which contravention of statutory rules and irregularity in procedure with respect to appointment of Respondent No. 4 as Medical Director, BSA Hospital, have been alleged by the Petitioner.

4. When the Government of National Capital Territory of Delhi ("GNCTD") came into existence in 1992, a number of hospitals, dispensaries and health centres were created and some existing hospitals were also placed under GNCTD for providing health services to the residents of Delhi. The doctors to tend to the residents of Delhi were either borrowed from Central Health Services ("CHS") or their engagements were made on a contract basis.

5. In 2006, GNCTD constituted its own health cadre vide Cabinet Decision No. 1139 on 13.11.2006. The said decision lead to the formation of the `Delhi Health Services' ("DHS"). Pursuant to the constitution of the DHS, `Delhi Health Services (Allopathy) Rules, 2009' ("Allopathy Rules, 2009") were notified vide a Notification dated 23.12.2009 in the Delhi Gazette, in terms of the powers conferred upon the government under Article 309 of the Constitution.

6. Thereafter, vide a notification dated 20.08.2014, the GNCTD appointed 528 doctors at the initial constitution stage of the DHS, in the General Duty Medical Officer ("GDMO") and Non-Teaching Specialist sub-cadre of the DHS, retrospectively from 23.12.2009, i.e., the date of coming into effect of the Allopathy Rules, 2009.

7. It is submitted by the Petitioner that the Respondent No. 4 herein, being an orthopaedic, was initially recruited on contractual and temporary basis by the GNCTD and subsequently, he was regularised and absorbed into the Non-Teaching Specialist Grade-III cadre of the DHS w.e.f. 23.12.2009. It is submitted that the same was however done without carrying any seniority from his past contractual services.

8. It is submitted that a doctor such as Respondent No. 4 appointed to the feeder non-teaching specialists sub-cadre has to complete two years in the feeder cadre and thereafter, he becomes eligible to Specialist Grade-II wherein he has to serve at least for four years, and only then can he become a Specialist Grade-I officer, a level where he has to spend a minimum of seven years in service. Only upon completion of a minimum of seven years in service on the position of in Specialist Grade-I, the Respondent No. 4 would become entitled to Senior Administrative Grade("SAG") i.e., the Grade wherein one would meet the minimum eligibility criterion to be appointed as Medical Director, BSA Hospital. The Petitioner has relied upon Rule 4 of the Allopathy Rules, 2009 to buttress his stand with regards to the aforesaid procedure to be adopted for promotion within the DHS.

9. It is submitted by the Petitioner that keeping in mind the grade in which the Respondent No. 4 was inducted into the DHS and time spent in service under DHS, Respondent No. 4 is only in the grade of Specialist Grade I, further, he has not completed the requisite, stipulated period of seven years in the said grade at the time of filing of this PIL. Thus, the question of him being a Senior Administrative Grade ("SAG") or being eligible for Super Time Scale, i.e., me