Administrative experience as Hospital Administrator is equivalent to teaching experience for promotion to Assistant Professor under amended rules.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition, petitioner has prayed for the following main reliefs (refer to page No. 273 of the paper book, relief clause in the amended petition):

“(i) That this Hon'ble Court may be pleased to issue writ of mandamus directing the respondents to hold DPC for the post of Assistant Professor Department of Hospital Administration in SLBSGMCH Mandi at Ner Chowk considering only those eligible candidates who in respect of year 2022 were eligible and within the zone of consideration with reference to the vacancy of that year as per Para 16.29 of the Handbook on Personnel Matters Volume-1 Page 543.

(ii) That this Hon'ble Court may further be pleased to issue writ of mandamus directing the respondents to fill up the vacancy by way of promotion strictly as per the R & P Rules and Para 16.29 of Handbook on Personnel Matters Volume-1 Page 543 and as per the law laid down by the Hon'ble Supreme Court in 1995 (4) SCC 246.

(iii) That this Hon'ble Court may be pleased to issue writ of certiorari quashing impugned Minutes of Meeting of the Departmental Promotion Committee for the post of Assistant Professor (Hospital Administration) SLBSGMC, Nerchowk, District Mandi dated 14.3.2024 (Annexure P-18) with the further direction by issuing writ of mandamus to declare the petitioner eligible as per the R&P Rules and the administrative experience gained by the petitioner for the post of Assistant Professor (Hospital Administration) SLBSGMC, Nerchowk, District Mandi.”

2. Precisely, the facts of the case as emerge from the record are that petitioner herein, after his having completed MMBS Degree in year 2002 (Annexure P-1), joined Department of Health Services in the State of Himachal Pradesh as a Medical Officer in year 2007 on regular basis. In afore capacity, petitioner served at various places within the State of Himachal Pradesh. While in service, petitioner was selected for Post Graduation in the subject of Hospital Administration from Post Graduate Institute of Medical Education & Research, Chandigarh (in short “PGIMER”), which he successfully completed in the month of December, 2017 (Annexure P-2). After his having completed Post Graduation in the subject, detailed hereinabove, petitioner joined National Health Mission as a State Programme Officer in the year 2018. Vide notification dated 27.06.2018, petitioner was ordered to be posted as Hospital Administrative Officer in IGMC & Hospital, Shimla (Annexure P-3).

3. For clear understanding of dispute, it is apt to take note of the fact that Medical Education Department notified Himachal Pradesh Medical Education Rules, 1999, which subsequently came to be amended from time to time. As per afore Rules, an incumbent to enter the teaching faculty in the Medical Colleges in the State of Himachal Pradesh after completion of MD Course has to first do Senior Residency and after his/her having completed three years of Senior Residency, he/she becomes eligible to be promoted/appointed to the post of Assistant Professor. After rendering four years service as Assistant Professor, an incumbent becomes eligible for further promotion to the post of Associate Professor and Associate Professor further becomes eligible to be promoted as Professor after his/her having completed five years of service as Associate Professor.

4. Vide notification dated 15.10.2018, Health & Family Welfare Department proceeded to amend Himachal Pradesh Medical Education Rules, 1999 in the year 2018, which were named as Himachal Pradesh Medical Education Service (10^th Amendment) Rules, 2018 (in short “Rules of 2018”). Vide aforesaid notification, amendments were carried out of Annexures-I & II and further of Appendix-B. The amendments, which were carried out by way of Rules of 2018 read as under:

“2. Amendment of Annexure-I- In Sl. No. 3 of Annexure-I to the Himachal Pradesh Medical Education Service Rules, 1999 (hereinafter referred to as the "said rules"), after the existing provisions of Column N