Jiya Lal Bhardwaj, Judge

Since common questions of law and facts are involved in both these petitions, they are taken up together for final disposal.

2. For the purpose of adjudicating the claim in the petition, the facts of CWPOA No.1842 of 2019 are mentioned in detail.

3. The petitioner has prayed for the following substantive reliefs:-

"(i) Issue a writ of certiorari or direction in the nature of writ of certiorari quashing/setting aside order No. Health-A-B (12)2/2006 dated 10.11.2010 issued by the Department of Health & Family Welfare Government of Himachal Pradesh, Annexure P-15.

(ii) Issue a writ of Mandamus or direction in the nature of writ of Mandamus restraining respondents from proceeding further against the petitioner on the basis of order No. Health-A-B (12)2/2006 dated 10.11.2010 issued by the Department of Health & Family Welfare Government of Himachal Pradesh, Annexure P-15.

(iii) Issue a writ of Mandamus directing the respondent State to permit the petitioner to continue to as a serve Respondent State Regular Medical Officer and treat him such as for all intents and purposes.”

4. The facts as emerge from the pleadings are that the petitioner (Dr. Rajesh Kumar Verma) obtained the degree of Bachelor of Medicine and Bachelor of Surgery (in short MBBS) from the Himachal Pradesh, University in the year 2002. This course has been done from Indira Gandhi Medical College, Shimla. After completing the degree, he was offered appointment on 30.01.2004 as Medical Officer (contract basis). The petitioner belongs to the Schedule Tribe category. As per recommendations of the Screening Committee constituted for regularization of the services of adhoc/contractual Medical Officers in the Directorate of Health Services Himachal Pradesh, his services were regularized vide memo dated 05.03.2007 in the pay-scale of Rs.7880-220-8100-275-10300-340-12000-375-13500/-. Before regularizing the services of the petitioner, who was appointed as Medical Officer on contract basis, he had applied for the Post Graduate Degree Entrance Examination. Pursuant to the second Counseling held on 23.04.2007 (Annexure P-3), he was allotted the seat of Post Graduate Degree/Diploma Course in MD Anaesthesiology. The petitioner submitted his Departure Report mentioning therein that he has been selected for PG Course (MD, Anaesthesiology) with the commencement of Academic Session w.e.f. 02.05.2007. Thereafter, the petitioner moved an application for granting him permission to pursue the above course through proper channel on 23.06.2007 (Annexure P-5).

5. Later on, the petitioner submitted an application on 19.06.2008 (Annexure P-6) before respondent No.1 to consider him as General Duty Officer (GDO), since he had completed three years of rural service on 30.01.2007. Respondent No.1, granted the EOL and allowed him as GDO for pursuing MD Anaesthesia & Intensive Care course from IGMC, Shimla vide order dated 07.07.2008 (Annexure P-7). However, later on it came to the notice of respondent No.1 that the petitioner had joined against the direct quota seat in PG Course and subsequently applied for treating him as a in-service candidate, whereas as per condition laid down in Para-3.11 (iii) of the prospectus (MD/MS Degree/Diploma Course) for the Session 2007-09/2010, the candidates, working on regular/adhoc/contract basis and did not possess the requisite qualifying service were required to tender resignation on their selection before seeking admission in PG Degree and thus, issued show cause notice dated 06.07.2010 (Annexure P-10) to the petitioner that why the benefit of treating him as an in-service candidate, on the basis of his regularization on 05.03.2007, be not withdrawn.

6. The petitioner replied to the said show cause notice on 21.07.2010 (Annexure P-12) stating that while working as Medical Officer (contract basis), he had applied and appeared as direct candidate in P.G. Entrance Examination and was selected during second counseling held on 23.04.2007 a