IMPORTANT POINT
The importance of merit in the selection process and the discretion of the authorities in considering objections within the ongoing selection process.

JUDGMENT :

Satyen Vaidya, J.

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

(i) That the impugned communication dated 28.10.2023 may kindly be quashed and set aside.

(ii) That the respondent No.4 may kindly be directed to declare the result for the post of Senior Resident/tutor specialist in the department of Pharmacology pursuant to the final merit list contained in Annexure P-4.

2. Respondent No. 4 issued an advertisement inviting applications from eligible candidates for the post of Resident Doctor/Tutor in Rajinder Prasad Government Medical College, Kangra at Tanda, H.P. with the following schedule.

Date for starting to apply for the post of SR/ Tutor specialist - 26.08.23.

Last Date for submission of application form-11.09.2023.

Date of Displaying of tentative merit list - 10.10.2023.

Date of objection by the candidates (if any) - 12.10.2023 to 13.10.2023.

Date of remove of objection - 17.10.2023 to 18.10.2023

Date of showing final merit list - 21.10.2023

Date of counseling – 27.10.2023”

3. Petitioner, respondent No. 5 and one more candidate applied for the post of Resident Doctor/Tutor, in the Department of Pharmacology. In the tentative merit list issued by respondent No. 4, petitioner was shown at serial No.1 and respondent No. 5 was second in the merit. Though, as per schedule provided in the advertisement, objections, if any, by the candidates were to be submitted from 12. 10.2023 to 13.10.2023. Respondent No.5 did not submit any objection till 13.10.2023, but submitted the same belatedly on 20.10.2023 i.e. just before when final merit list was to be displayed.

4. Respondents No. 2 to 4 after taking cognizance of the objection raised by respondent No.5, allowed her objection and as a result respondent No. 5 has gained the first position in the merit list and petitioner has slided to second position.

5. Petitioner has approached this Court on the ground that since the respondent No. 5 had not raised any objection within the time prescribed in the schedule, she could not raise the objection subsequently and respondents No. 2 to 4 also could not take cognizance on such belated objection.

6. I have heard learned counsel for the parties and have also gone through the record of the case carefully.

7. The Government of Himachal Pradesh has issued ‘Resident Doctor Policy’, dated 24.12.2021, for regulating the appointments of Senior Resident/Tutor Specialist and Junior Residents/Tutor General in the Department of Medical Education. The advertisement, which is subject matter of this petition, was also issued in terms of the aforesaid policy as is evident from the contents of the advertisement.

8. It will be relevant to notice following salient features of the policy for adjudication of issue involved herein:-

“7.2 Method of Recruitment:

7.2. The Senior Resident/ Tutor Specialist shall be selected on the basis of application invited by the Principal concerned of Government Medical College/ Institution of the State.

7.2.2. The recruitments will be conducted thrice in every year as per the following schedule:

Note:-

(1) Dates for physical verifications (institution-wise) shall be fixed by the DME&R-HP for which each college will make correspond