Himachal Pradesh High Court
Dr. Sanjeev Thakur vs State Of H.P & Another on 3 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 4278 of 2022
Decided on: 3rd April, 2023
____________________________________________________
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Dr. Sanjeev Thakur ....Petitioner.
Versus
State of H.P & another.
.....Respondents.
_____________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1 No.
For the petitioner: Mr. Rajiv Rai, Advocate.
For the respondents: Mr. Anup Rattan, Advocate General
with Mr. Y.W. Chauhan, Senior
Additional Advocate General with Mr.
Ramakant Sharma, Additional Advocate
General, Ms. Priyanka Chauhan,
Deputy Advocate General and Mr. Rajat
Chauhan, Law Officer.
Tarlok Singh Chauhan, Judge (oral)
The instant petition has been filed by the petitioner for grant of the following substantive reliefs:-
"A. That this Hon'ble Court may kindly be pleased to issue an appropriate Writ whereby the impugned condition contained in clause 8 of the Advertisement notice dated 17.06.2022 vide Annexure P/1 wherein it is required that the age limit of the candidate applying for the post of Ayurvedic Medical officer by way of 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 04/04/2023 20:33:13 :::CIS -2-
Batch wise recruitment on contract basis should be "45 years and below as on 01.01.2020" may kindly be declared as illegal, arbitrary and further contrary to the judgment passed by this Hon'ble Court in Civil .
Writ Petition No. 338 of 2013-D titled as Smt. Sanjeevna Sharma Versus State of Himachal Pradesh Vide Annexure P/2, and further in Civil Writ Petition No. 300 of 2012 titled as Shanina Kapoor Versus State of Himachal Pradesh.
B. That the Rule (IV)(a)(ii) of the HP Department of Ayurveda, Ayurvedic Medical Officers, Class-l (Gazetted) r Recruitment & Promotion (First Amendment) Rules, 2010 whereby for the batch wise recruitment it is required that " Date of birth and that the candidate falls within the prescribed age limit"
may kindly be declared null and void.
C. That the Hon'ble Court may kindly be pleased to hold the petitioner eligible for the selection to the post of Ayurvedic Medical Officer in pursuant to the Advertisement notice dated 17.06.2022 vide Annexure P/2 and the respondent may kindly be directed to consider the candidature of the petitioner on merit."
2. The issue in question is no longer res integra and is covered by not one, but two judgments passed by the Division Bench of this Court, one in CWP No. 338 of 2013 titled as Smt. Sanjeevna Sharma vs. State of Himachal Pradesh (Annexure P/2) and the other in CWP No. 300 of 2012 tilted as Shanina ::: Downloaded on - 04/04/2023 20:33:13 :::CIS -3- Kapoor vs. State of H.P. & Others.
3. However, since the case pertained to filling up the post of Ayurvedic Doctor, therefore, vide order dated 06.03.2023, .
we had directed the petitioner to file supplementary affidavit clearly setting out therein as to what he had been doing and how he had been practicing as Ayurvedic Doctor after having qualified the said course. The petitioner has placed on record copy of his compulsory rotating internship and also a copy of rent deed of the premises, where he had been practicing as Ayurvedic Doctor.
4. Considering the fact that the petitioner is continuously practicing as Ayurvedic Doctor, we see no reason to take a different view, as already taken by the Division Bench of this Court in the cases cited supra, whereby this Court had categorically dealt with the criteria of qualification with regard to age and names being registered in the employment exchange concerned before attaining the age of 45 years and therefore, they shall be treated to be validly appointed in terms of qualification with regard to age. Hence, the respondents are directed to consider the candidature of the petitioner for appointment as Ayurvedic Medical Officer by relaxing the condition of age of 45 years as prescribed in the Advertisement and if he is found suitable, then appointment be given to him within four weeks.
::: Downloaded on - 04/04/2023 20:33:13 :::CIS -4-5. The petition is disposed of accordingly alongwith pending applications, if any.
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(Tarlok Singh Chauhan) Judge ( Virender Singh ) Judge 3rd April, 2023 (priti) r to ::: Downloaded on - 04/04/2023 20:33:13 :::CIS