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HIGH COURT OF HIMACHAL PRADESH
MR. JUSTICE SANDEEP SHARMA, J
DR. ARUN SINGH THAKUR – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HEALTH) – Respondent
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 108 OF 2019
For the Appellants/Petitioners: MR. SANJEEV BHUSHAN, MR. RAJESH RAJESH KUMAR
For the Respondents: MR. AJAY VAIDYA, MR. DILIP SHARMA, MR. MANISH SHARMA
The court ruled that in the context of filling posts, the prescribed 50:50 ratio for direct recruits and promotees in limited cadre applies to positions rather than vacancies.
Headnote:(A) Himachal Pradesh Medical Education (Dental) Services Rules, 2006 - Allocation of posts through promotion and direct recruitment - The petitioner contended that the procedure for filling the post of Assistant Professor violated the prescribed 50:50 ratio between promotees and direct recruits. The court found that the roster method was inapplicable to the case at hand due to the small number of posts, concluding that the second post vacated by a direct recruit must also be filled through direct recruitment, as both categories required representation - Petition dismissed. (Paras 14-35)
(B) Promotion - Quota for recruitment - The court clarified that the prescribed 50% quota for direct recruitment and promotion must apply to the posts rather than vacancies in the case of having only two posts, asserting that filling vacancies based on prior methods would contravene established rules (Para 12).
| Table of Content |
|---|
| 1. complaint against the selection process for the assistant professor post. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments from both sides regarding recruitment methodology. (Para 8 , 9 , 10 , 12 , 13) |
| 3. discussion on the ratio application to posts vs. vacancies. (Para 14 , 18 , 19 , 20) |
| 4. clarification on roster rules' applicability. (Para 21 , 22) |
| 5. final ruling against the petition based on legal reasoning. (Para 33 , 34) |
ORDER
2. Being aggrieved and dissatisfied with the decision taken by respondents, as contained in annexure A-12, whereby special secretary health to the Government of Himachal Pradesh approved the proposal to fill up one post of Assistant Professor (Dentistry) by way of direct recruitment, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 280 of 2019, which now stands transferred to this Court after abolishment of erstwhile Himachal Pradesh Administrative Tribunal and stands registered CWPOA No. , praying therein for following main reliefs:
“i. That impugned decision taken by the respondents as contained in Annexure A-12, whereby the approval has been granted to fill up the post by way of direct recruitment on 20.12.2028 may kindly be quashed and set aside.
ii. That directions may very kindly be given to the respondents to fill up the post of Assistant Professor (Public Health Dentistry) by way of promotion from amongst the eligible candidates, by further granting the seniority and consequential benefits from the date when post became available i.e. 26.09.2018 in the interest of law and justice, by following the Rules 2006.”
3. For having bird’s eye view of the matter, certain undisputed facts, as emerge from the pleadings adduced on record by parties to the lis are that as per Himachal Pradesh Medical Education(Dental) Services Rules, 2006 (hereinafter, ‘Rules 2006’) (Annexure A-1), post of Assistant Professor being a Class I Gazetted post is to be filled in the following manner:
(i) 50% by promotion failing which by direct recruitment or on contract basis in the manner specified in Column No. 11-A.
(ii) 50% by direct recruitment or on contract basis in the manner specified in Column No. 11-A.
4. At the time of framing of Rules 2006, there were 9 posts of Assistant Professors, out of which one post fell to the Department of Dentistry, but subsequently vide Notification dated 2.3.2009 (Annexure A-2), 20 more posts were created, out of which, 06 fell to the share of Assistant Professors and consequently one more post of Assistant Professor came to the share of Public Health Dentistry. As of today, there are two posts of Assistant Professors in the discipline of Public Health Dentistry. According to the petitioner, after framing of Rules 2006, respondent Department is to fill up posts of Assistant Professors in the Department of Public Health Dentistry by following roster provided in Chapter XIII of Handbook on Personnel Matters, whereby first post is to be filled up by way of promotion from amongst the feeder category of Lecturers and second post by way of direct recruitment. Since the first post falling to the share of promotional quota in the case at hand, could not be filled up on account of interim stay granted by Hon’ble Supreme Court, first post, which as per chapter XIII of Handbook on Personnel Matters, was meant for promotees came to be filled up on 1.9.2017 by way of direct recruitment by one Mr. Vinay Kumar Bhardwaj, however, second post which was to be filled by direct recruitment, came to be filled by one Ms. Shelly Fotedar on 2.12.2013, on his promotion. Since Dr. Vinay Kumar Bhardwaj, who was recruited against the first post meant for promotees, stood further promoted to the post of Professor, one post of Assistant Professor, Public Health Dentistry/Community Dentistry fell vacant. Precisely the case of the petitioner is that since as per roster, first post was to go to promotees and second to direct recruits, post falling at point No.3 of roster, shall
