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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI, J.
Dr. Rashi Agrawal - Petitioner
Versus
State of Haryana and others - Respondents
CWP No. 9429 of 2020
Decided On : 08-04-2021
Medical Officer Eligibility - Indian Medical Council Act 1956 - Section 15, Section 25 - The court considered the delay in obtaining the registration certificate from the Delhi Medical Council and its impact on the petitioner's eligibility for appointment as a Medical Officer. It relied on the provisions of the Indian Medical Council Act 1956, particularly Section 15 and Section 25, to establish the petitioner's right to seek permanent registration based on the provisional registration already granted. The court also referenced previous cases where candidates were allowed to be considered for appointment despite delays in obtaining required certificates.
Fact of the Case:
The petitioner challenged the action of the respondents in not considering her claim for appointment as a Medical Officer, despite being allowed to participate in the selection process and fulfilling all other requirements. The respondents declared the petitioner ineligible due to the delay in obtaining the registration certificate from the Delhi Medical Council.
Finding of the Court:
The court found that the delay in obtaining the registration certificate was beyond the petitioner's control and should not defeat her right to seek appointment, especially considering the vacancies and the need for more doctors due to the Covid-19 pandemic.
Issues: The main issue was whether the delay in obtaining the registration certificate should render the petitioner ineligible for appointment as a Medical Officer, despite fulfilling all other requirements and being allowed to compete in the selection process.
Ratio Decidendi: The court relied on the provisions of the Indian Medical Council Act 1956, particularly Section 15 and Section 25, to establish the petitioner's right to seek permanent registration based on the provisional registration already granted. It also referenced previous cases where candidates were allowed to be considered for appointment despite delays in obtaining required certificates.
Final Decision: The court allowed the writ petition and directed the respondents to consider the petitioner eligible for appointment as a Medical Officer against the vacant positions, and if candidates with lesser merit had already been appointed, the petitioner should also be appointed.
ORDER :
Harsimran Singh Sethi J.
1. The present petition has been filed by the petitioner challenging the action of the respondents in not considering her claim for appointment against one of the 642 posts of Medical Officers, which the respondent- State had decided to fill up in the Department of Health, Government of Haryana, on the ground that petitioner is not eligible despite the fact that petitioner was allowed to participate in the selection process. The further prayer is that as the candidates, who have secured lesser marks than the petitioner, have already been appointed as Medical Officer and as the posts of the Medical Officers are still lying vacant, appropriate direction be given to the respondent-State of Haryana to appoint the petitioner as Medical Officer.
2. The facts leading to the filing of the present writ petition are as under :-
3. Immediately upon the completion of the internship, on the very next date, petitioner applied for registration on 07.01.2020 (Annexure P-3) with the Delhi Medical Council under Section 15 of the 1956 Act. It is a conceded fact that the petitioner fulfilled all the requirements for the grant of the said Registration Certificate at the time of filing the application for registration on 07.01.2020.
4. State of Haryana issued an Advertisement dated 01.01.2020 (Annexure P-4), whereby 447 posts of the Medical Officers in the Haryana Civil Medical Services, Group-A were to be filled up in the Health Department of Government of Haryana. As per the petitioner, requirements qua the Educational Qualification to compete for selection were duly fulfilled by her. The last date for filing of the application was 22.01.2020. It is worthwhile to notice here that out of 447 posts advertised, 87 were to be filled up from the general category, under which the petitioner was seeking consideration for appointment.
5. It is a matter of fact that as per the instructions and the guidelines issued along with the Advertisement dated 01.01.2020 (Annexure P-4), one of the requirement was that a candidate should be registered with Medical Council of India or any other State Medical Council. As stated earlier, petitioner had already applied for the grant of the registration with the Delhi Medical Council on 07.01.2020 i.e. much before the last date of submission of application for appointment to the post of Medical Officer as advertised by the Government of Haryana, but the said certificate was not issued to the petitioner before the last date of filing the application form though there was no hindrance in the issuance of the same. The petitioner, who fulfilled the other required qualifications, applied in pursuance to the Advertisement dated 01.01.2020 (Annexure P-4) and competed along with the other candidates for appointment to the 447 posts of Medical Officers.
6. As per the instructions/guidelines issued for selection and appointment to the post of Medical Officer, candidates were required to undergo a written screening test and the candidates were also entitled for certain extra marks in case they have a post-graduate degree or a postgraduate diploma or professional experience/service in the rural area.
7. Petitioner was given the permanent registration certificate by the
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