1985 Supreme(MP) 287

K. M. Agrawal, J.
Shyam Babu Gupta (Dr.) v. State of M. P.
M. P. No. 74 of 1982 (G) Decided on 22-4-1985.

Headnote:Health Services Recruitment Rules, 1967 (M. P.) -- R. 6 -- recruitment rules -- refer to the vacancies and not to the duty posts -- quota should be correlated to the vacancies.

        This petition under Article 226 of the Constitution of India mainly seeks quashing of the appointments of respondents 3 and 4 to the posts of Readers in the Department of Medicine under the public Health Services of the State of Madhya Pradesh and a direction to the respondent No. 1, i.e., the State of Madhya Pradesh to fill up the vacancies in accordance with the quota rule and the method of recruitment given in rule 6 of the Madhya Pradesh Health Services Recruitment Rules, 1967, (hereafter called the "Recruitment Rules"), which came into force from 12-6-1970.

        Held : After hearing the learned counsel for the parties. I am of the view that the quota rule prescribed under the Recruitment Rules refer to the vacancies and not to the duty posts. As a rule also, the quota should be correlated to the vacancies, which are to be filled in. As observed by the Supreme Court in Paramjit Singh v. Ram Rakha Mal, AIR 1983 SC 314, "When a quota rule is prescribed for recruitment to a cadre it meant that quota should be correlated to the vacancies which are to be filled in. Who retired and from what source he was recruited may not be very relevant because retirement from service may not follow the quota rule. Promotees who come to the service at an advanced age may retire early and direct recruits who enter the service at a comparatively young age may continue for a long time. If therefore, in a given year larger number of promotees retire and every time the vacancy is filled in by referring to the source from which the retiring person was recruited it would substantially disturb the quota rule itself. Therefore, while making recruitment quota rule is required to be strictly adhered to. "As in the present case, the quota is 50:50, i.e., one promotee to one direct recruit, but the appointments by direct recruitment have been made in disproportion to the quota fixed, the appointments in excess of the quota are liable to be quashed. AIR 1983 SC 314 relied on AIR 1953 pepsu 9, AIR 1953 Nag. 81, AIR 1954 Mad. 563. AIR 1954 Sau. 90, AIR 1959 Pat. 7, AIR 1960 All. 550, AIR 1960 Slys. 281, AIR 1967 All. 484, AIR 1969 SC. 329, AIR 1969 Mad. 42, AIR 1975 P & H. 33, AIR 1976 Pat. 58, AIR 1957 M. P. 60, AIR 1977 MP 51 and 1980 Lab. I. C. 367 distinguished, petition partly allowed.