Eligibility for appointment as Homoeopathic Doctor requires a 5½ years degree, and delay in filing a petition can bar relief.

JUDGMENT :

Satyen Vaidya, J.

The instant petition has been filed by the petitioner for the grant of following substantive reliefs:

“a) That the respondent-department may kindly be directed to appoint the applicant for the post of Homeopathic Doctor from the date of appointment of his junior i.e. private respondent.

b) That the respondent-department may kindly be directed to release notional and consequential benefit along with interest.”

2. Respondent No.2 invited applications for filling up 14 posts of Homoeopathic Doctors, Class-II, in the Department of Ayurveda vide an advertisement dated 06.12.1996. The essential qualification for the post was prescribed as under:-

(i) Should have passed Matriculation or its equivalent examination from recognized Board/University by the State Government/Central Government.

(ii) The candidate must possess 5 ½ years degree in Homoeopathy from a recognized Institution mentioned in second or third schedule of Homoeopathy Central Council Act, 1973. However, all candidates having medical qualification in Homoeopathy of 4 years duration (Diploma holders) awarded prior to enforcement of Homoeopathy Central Council Act, 1983 included in the second schedule to the Homoeopathy Central Council Act, 1973 are also eligible as one time relaxation.

(iii) Should be registered with the Central Homoeopathy Council/Homoeopathy Council of H.P.

3. The petitioner has passed the 4 years Diploma course in Homoeopathic Medicine and Surgery in the year 1988. The petitioner was registered with the Council of Homoeopathic System of Medicine, Himachal Pradesh, Shimla on 07.11.1992.

4. The petitioner submitted his application for the post of Homoeopathy Doctor, Class-II in pursuance to advertisement dated 06.12.1996 issued by respondent No.2.

5. The candidature of petitioner was rejected by respondent No.2 vide communication dated 04.06.1997 with following observations:

“(ii) According to one-time relaxation, the candidate having medical qualification in Homoeopathy of 4-year duration (Diploma holder) awarded prior to enforcement of Homoeopathic Regulation, 1983 (date of enforcement is11.05.83) are also eligible. Whereas, you have obtained diploma in the year 1988.”

6. The petitioner filed the instant petition in the year 2018 for the reliefs as noticed above on the grounds that the similarly situated person Dr. Poonam Kaushal was appointed as Homoeopathy Doctor in terms of judgment dated 23.02.2011 passed in CWP No.1744 of 2009. It has further been contended that respondent No.3 was appointed as Homoeopathy Doctor against the post reserved for OBC candidate, whereas, the said respondent belongs to general category. The petitioner by claiming himself to be a candidate from OBC category has sought the priority of appointment over private respondent.

7. Respondent No.1 in its reply has contested the claim of the petitioner by alleging that the petitioner did not possess the requisite qualification. He was having a diploma after qualifying four-year course in the year 1988. The essential qualification was 5½ years degree in Homoeopathy from a recognized institution. One-time relaxation in qualification was granted to all such candidates, who had possessed 4 years diploma course prior to 1983 i.e. before the enforcement of Homoeopathy Regulation Act, 1983.

8. Respondent No.1 has pointed out that the petitioner had earlier also filed CWP(T) No.4065 of 2008 for the similar relief, which was dismissed by this Court vide judgment dated 20.12.2010.

9. As regards the appointment given to Dr. Poonam Kaushal, it has been submitted that the same was done in compliance to orders of this Court dated 20.04.2012 passed in LPA No. 514 of 2011 titled State of H.P. vs. Dr. Poonam Kaushal. Similarly, with respect to allegations against respondent No.3, it has been submitted that the appointment was given to him on the recommendations made by respondent No.2.

10. Respondent No.2 has also filed short reply. It has been submitted that the petition cannot be ma