Reserved category post with pending direct recruitment requisition cannot be filled by promotion; inadvertent process withdrawn correctly. Court mandates finalizing Recruitment & Promotion Rules before selection per roster.

JUDGMENT :

Sandeep Sharma, J.

Since the issue raised in these petitions pertains to filling up of one post of Lecturer in the Department of Conservative Dentistry and Endodontics, as such, same were tagged and heard together and are being disposed of vide this common order. However, for the sake of clarity of facts, facts of each case are discussed below.

CWP No. 677 of 2023

2. The petitioner-Dr. Rajesh Thakur, in this petition was appointed as Medical Officer (Dental) in 1997. He completed MDS in Conservative Dentistry and Endodontics in 2018 and therefore became eligible for being posted as Lecturer. Being aggrieved by letter dated 5.11.2022, he preferred re- presentation dated 2.12.2022, thereby objecting to method of filling up post of Lecturer by way of promotion.

3. The petitioner is aggrieved by issuance of letter dated 5.11.2022, whereby service particulars of eligible and willing candidates with effect from 2010 onwards has been called for. Petitioner claims that the vacancy proposed to be filled does not pertain to 2010, rather 2022 and he is senior most GDO. Feeling aggrieved, petitioner has approached this court by way of present petition, seeking following reliefs:

“a) That this Hon'ble Court may be pleased to issue writ of certiorari quashing the letter dated 5.11.2022 (Annexure P-12) issued by respondent No.1 to respondent No.2 calling upon the respondent No.2 to furnish the service particulars of eligible and willing candidate year-wise w.e.f. 2010 onwards and seriatim of candidates be mentioned as per year-wise eligibility.

b) 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 as per the past practice and seniority of the Medical Officer (Dental) in the Department of Dental Health Services.”

CWP No. 1587 of 2023

4. This petition has been filed by petitioner Dr. Neha Sharma. She completed BDS in 2007 and MDS in Conservative Dentistry in May, 2012 and was appointed as Medical Officer (Dental) under RKS at CHC Dharampur. Pursuant to post of Lecturer advertised, petitioner appeared in written test and was recommended and appointed as Lecturer on tenure basis on 22.7.2013 and since then is performing duties of Lecturer. Her services stand regularized as Medical Officer (Dental) on 15.7.2017, but she is continuing as Lecturer. It is worth mentioning here that petitioner filed an Original Application before the erstwhile Himachal Pradesh Administrative Tribunal, seeking her regularization as Lecturer, which was transferred to this Court and re-registered as CWPOA No. 2548 of 2020, which was decided on 1.9.2022. Pursuant to communication dated 5.11.2022 (Annexure P-6), name of petitioner Neha Sharma was sent at Sr. No. 17 of communication dated 15.12.2022 (Annexure P-7), but since now vide communication dated 11.1.2023 (Annexure P-8), service particulars of only five persons, sans Dr. Neha Sharma, were called, she filed present writ petition, for quashing of letter dated 11.1.2023,, and to show her seniority in Annexure P-7 from 2015, instead of 2017, seeking following reliefs:

“(i) Issue a writ in the nature of certiorari directing the respondents to quash and set aside annexure P-7, dated 15.12.2022, to the extent, whereby it shows the petitioner to have acquired the eligibility in the year 2017 with further directions to the respondents to show the petitioner having become eligible in the year 2015, in the int