The main legal point established in the judgment is that the teaching experience in 'Pathology' could be treated as equivalent to teaching experience in 'Blood Bank' based on the rules and clarification provided by the respondent, and the appointment of respondent No. 4 was upheld.

SUDIP AHLUWALIA, J.

This appeal is directed against the judgment passed by the Ld. Single Judge in CWP No.1278 of 2006 on 12.12.2012.

2. The appellant had filed the Writ Petition challenging selection of respondent No.4 to the sole post of Assistant Professor (later Designated as Associate Professor, Blood Bank) in the State Medical Colleges of Punjab. Her contention was that the respondent did not satisfy the eligibility criteria inasmuch as she did not possess the requisite teaching experience in the 'Specialty' concerned i.e. 'Blood Bank' . The petition was contested on behalf of respondent Nos.1 to 4, whose assertion was that the private respondent was rightly selected for appointment inasmuch as according to the Rules in existence at the relevant time, teaching experience in 'Pathology' was to be treated at par with 'Blood Bank', which was the purported 'Specialty'. For this purpose, the Respondent/State had placed on record a copy of the Letter of clarification issued on behalf of the Government of Punjab way back on 8.1.2002, i.e. long before commencement of the Selection Process and issuance of the Advertisement. The relevant prescribed qualifications for the post concerned in the Advertisement, as well as in the Letter of clarification dated 8.1.2002, which were noted by the Ld. Single Judge, are set out below -

A] (Extracts from Advertisement 'Annexure P3' regarding qualifications] -

Sr No. Name of the post General SC PB BC PB Total

18 Blood Bank 1 - - 1

Essential qualification for (i), (ii) & (iii) as specified below

(i) Sr. No.17 to 22, MD MS Ph.D, F.R.C.S. P.M.R.C.P., In the specialty concerned.

Sr.No.17 to 22: Should have teaching experience as Senior Lecturer or lecturer for a minimum period of three years in the 'specialty concerned' whether prior to Post Graduation or subsequent thereto.

B] (Letter of Clarification) -

“No.1/7/99-3HS3/178

Govt. of Punjab

Department of Medical Education & Research

(Health-I Branch)

To

The Secretary,

Punjab Public Service Commission,

Patiala.

Dated Chandigarh 8.1.2002

Subject:- Direct Recruitment to one post of Assistant Professor Blood Bank in the Punjab State Medical Colleges.

Sir,

I am directed to refer to your letter No.RG186/99/A-13/3734 dated 19.6.2001 on the above subject and to say that according to the Punjab State Medical Education Services (Class-I) Rules, 1978 under item (Amendment 1985) Appendix A, No.5 Rules 11 is a wing of department of Pathology. As per amended rules 1985 under rule 4 there is no change in Appendix A item No.5. Only item No.24 has been changed and item shown at serial No.27 to 30 (new deptt.) has been introduced. As per law the Blood Bank cannot be treated as separate department and it is department of Pathology as one of the part/wing. Therefore, the persons who are teaching in the Blood Bank can be replaced in the deptt. of Pathology meaning thereby that both the deptts. are interchangeable. The experience as Lecturer Pathology can be treated for the post of Assistant Professor Blood Bank or working as Lecturer Blood Bank can be treated as experience for the post of Assistant Professor Pathology.

2. It has been made clear under the Punjab State Medical Education Services (Class-I) Rules, 1978 (Amendment Rules, 1985) Rule 11 Appendix that Blood Bank is not a separate deptt. and is a part of the deptt. of Pathology. Though the specialty wing of Blood Bank is separate but its cadre is not separate. The specialty wise posts are indicated in Appendix B.

3. With reference to your letter dated 19.6.20\01 the Punjab Medical Education Services (Class-I) Rules 1978 (Amendment 1985) under Appendix-C(3) B-1 the action regarding provisions in the specialty of Blood Bank is taking separately.

Yours faithfully,

Sd/-

(Harjit Singh)

Special Secy. to Govt. Punjab

Medical Education & Research Deptt.” (Emphasis added)

3. In the light of the aforesaid clarification on behalf of respondent No.1 and in view of the fact that the Recruitment Rules, 1978, which were in existence at the rel