JUDGMENT :

Subhash Upadhyay, J.

By means of this Writ Petition, the petitioner prays for the following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to revise the structure of the government Medical College, Haldwani sanctioned vide Notification dated 21^st September, 2015, to be in terms of Minimum Standard Requirement for Medical College Regulations, 1999.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to take decision for regularization of the services of the petitioner in Govt. Medical College, Haldwani in terms of the provisions of Regularization Rules, 2013 as the recommendation in favour of the petitioner has already been made by the Govt. Medical College, Haldwani as well as the Director, Medical Education, Uttarakhand.”

2. Learned counsel for the petitioner submits that in the year 1995, the Uttaranchal Forest Hospital Trust was established in Haldwani and in the 35th and 36^th Board meeting of the Management Committee, a decision was taken to create various posts and in pursuance thereto, an advertisement was issued on 03.03.2006, for various posts including two posts of Physical Training Instructor (PTI) on fixed honorarium of Rs. 4500/- per month; that the petitioner applied for the said post of Physical Training Instructor (PTI) and after due selection he was appointed on 23.03.2006 and he joined as Physical Training Instructor (PTI) on 03.04.2006; that the Uttaranchal Forest Hospital Trust which was registered under the Societies Registration Act was dissolved and on the basis of Notification dated 30.04.2010, the Uttaranchal Forest Hospital Trust was provincialised, w.e.f., 01.05.2010 and it was decided that all the properties, rights, liabilities, institutes, employees and work will stand transferred to the Department of Medial Education on “as is where is” basis; that it was further provided that all the liabilities and powers of the society will vest/transferred to the State Government. Counsel for the petitioner submits that the petitioner was asked to enter into an agreement with the Government Medical College, Haldwani and the services of the petitioner continued on contract basis on the post of Physical Training Instructor (PTI) on year to year basis and the petitioner is continuing, as such, on the said post since 2006.

3. The petitioner claims the regularization under the “Daily Wager, Work Charged, Contract, Consolidated Salary, Part Time and Ad-hoc Appointees Regularization of Services Rules, 2013”. It is the case of the petitioner that the list of 180 employees who were serving on contract basis was supplied by the Hospital to the State Government for considering their case for regularization and the petitioner was included in the list of 180 employees, however, the respondents did not considered the case of the petitioner for regularization.

4. Per contra, learned counsel for the State submits that the petitioner was earlier working in the Uttaranchal Forest Hospital Haldwani, which was run by the Trust and the same was provincialised on 01.05.2010 and as the petitioner had not completed 5 years of services from 01.05.2010 till the date of promulgation of the regularsation Rules 2013, as such, his case cannot be considered for regularization. It is further submitted that as no post of Physical Training Instructor (PTI) was sanctioned as per the structure notified on 21.09.2015, as such, in absence of the said post, case of the petitioner cannot be considered for regularization.

5. Learned counsel for the petitioner in reply to the said submission of the learned Standing Counsel, submits that the petitioner is discharging the duties since 2006 and his services were transferred to the State on “as is where is” basis on the date when the trust was provincialised, as such, his past services cannot be discarded. He also referred to the order dated 27.05.2016 passed by the Principal Secretary, Medical Education, whereby