Point of Law: As per R & P Rules for post of Lecturer in Nursing College “Sister Tutor” was feeder category for promotion to post of Lecturer.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for following substantive reliefs :

“(i) That respondent No.3 may be directed to place on record the provisions relating to declaration of confidential/provisional result of the candidates before formal declaration of result of such examination.

(ii) That the recommendations of DPC held on 7.4.2015, Annexure A-9, to the extent applicant has been declared ineligible for promotion in the DPC held on 3.1.2013 may kindly be quashed and set aside and consequently promotion of applicant to the post of Lecturer, Sister Nivedita Government College of Nursing, IGMC Complex, Shimla vide order dated 10.1.2013, Annexure A-4, may be upheld with all consequential benefits, if necessary, even by review DPC dated 7.4.2015.

(iii) That if during the pendency of OA, on the basis of recommendations of DPC at Annexure A-9, respondent No.4 is promoted as Lecturer (Nursing) by excluding the applicant, in such an eventuality the promotion of respondent No.4 on the basis of DPC at Annexure A-9 may also be quashed and set aside.

(iv) That if during the pendency of OA, any interruption is caused in the service of applicant pursuant to recommendations of DPC at Annexure A-9 and if any adverse order is passed on the basis of such recommendations, such order may also be quashed and set aside and applicant may be directed to be reinstated as Lecturer Nursing with continuity in service and all consequential benefits.

(v) That in the alternative, the promotion of respondents No. 5 and 6 or any of them vide notification dated 12.12.2014, Annexure A-7, if necessary, may be quashed and set aside with a direction to the respondent department to hold review DPC and consider the applicant for promotion as Principal Nursing Officer from the date respondents No. 5 and 6 were so promoted, with all consequential benefits.”

2. The petitioner was working as Sister Tutor in Government Nursing School, IGMC Complex, Shimla, which was upgraded as Sister Nivedita Government College of Nursing (for short, ‘Nursing College’) in the year, 2010. Petitioner had been promoted as Sister Tutor from the post of Staff Nurse on 19.3.2001. In 2009, petitioner sought permission of her employer to improve her qualification and sought admission in M.Sc. Nursing in Jiwaji University, Gwalior in 2009.

3. As per the R & P Rules for the post of Lecturer in Nursing College “Sister Tutor” was feeder category for promotion to the post of Lecturer. However, possession of degree in M.Sc. Nursing with three years regular or regular combined with continuous ad-hoc service in the grade was an essential condition for being considered for promotion to the post of Lecturer.

4. On 3.1.2013, the meeting of DPC for the post of Lecturer in Nursing College was convened. Besides others, the name of petitioner was also considered. Consequently, the petitioner was promoted as Lecturer in Nursing College vide office order dated 10.1.2013.

5. Respondent No.4 assailed the promotion of petitioner as Lecturer by filing CWP No.1305 of 2013 before this Court on the ground that petitioner was not eligible to be promoted as Lecturer on the date of holding of DPC as the result of M.Sc. Nursing was declared by Jiwaji University, Gwalior on 26.2.2013 and, therefore, the petitioner was not having the essential qualification of M.Sc. Nursing either at the date of her consideration for promotion to the post of Lecturer or on the date when she was promoted to the said post. On the other hand, the petitioner had contested CWP No. 1305 of 2013 on the ground that Jiwaji University, Gwalior, at the request of petitioner, had issued letter dated 1.1.2013, whereby the provisional result of the petitioner was communicated to the Director of Health Services & Family Welfare, Himachal Pradesh and it was revealed that the applicant had passed M.Sc. Nursing (final examinations) held in June, 2012 and the marks sheet would be issued after formal declaration of result.

6. A