Punjab-Haryana High Court
Dr.Sohrab Arora And Others vs State Of Punjab And Others on 9 March, 2010
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.12839 of 2009
Date of Decision : March 10, 2010.
Dr.Sohrab Arora and others .....Petitioners
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.H.S.Sirohi, Advocate, for the petitioners.
Mr.B.S.Chahal, DAG, Punjab.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
This order shall dispose of Civil Writ Petition Nos.12839, 15421, 16296 of 2009 and 1640 of 2010, as common questions of law and facts are involved in these cases.
For brevity, the facts are being extracted from Civil Writ Petition No.12839 of 2009.
The petitioners are M.B.B.S. qualified Doctors who have been appointed to PCMS-I as Medical Officers. They seek a mandamus to direct the respondents to grant them extension in joining period on the ground that they have already joined the Post-Graduate Diploma/Degree Courses before their selection and it would be in the larger public interest C.W.P.No.12839 of 2009 2 if they are permitted to join their respective posts after completion of their higher education. It is averred that the State Government has already reserved 60% seats of Post Graduate Diploma/Degree Courses for in- service Doctors, who are paid their salary also during the course period. On the contrary, the petitioners have no objection if they are not paid salary till they join the PCMS-I and/or till they complete the PG diploma/degree courses.
Learned State counsel however, submits that there is a huge scarcity of doctors in the Health and Family Welfare Department and most of the dispensaries are lying defunct for want of Officers due to which the medical services to the public stand paralyzed. It is urged that the State Government is inclined to offer appointment to the candidates next in order of merit if the petitioners do not wish to join the offered posts. He has placed reliance on two Division Bench decision of this Court in (i) Neeraja Puri Talwar versus State of Punjab (1999 (3) SCT 66, and (ii) CWP No.15839 of 1996 (Dr.Maninder Kaur versus State of Punjab and otheres), decided on 11.3.1997.
Having heard learned counsel for the parties and following the view taken by this Court in the cited decisions, it is apparent that no direction to the respondents to keep the posts unfilled for the petitioners till they complete their Post Graduate Diploma/Degree courses, can be issued. However, owing to the fact that even according to the respondents, the posts of Medical Officers are lying vacant at large scale, the respondent-authorities shall be at liberty to permit the petitioners to join C.W.P.No.12839 of 2009 3 against the other unfilled posts after completion of their PG diploma/ degree courses, provided that the petitioners apply in writing within a period of one month from the date(s) of completion of their Post Graduate Diploma/Degree. Suffice it to observe that such an application shall be considered by the respondents sympathetically and keeping the fact in view that additional appointments would also serve the larger public interest.
Needless to say that in case the petitioners' requests for appointments are accepted by the State Government, their bond period shall start operating from the dates of their appointments only. The respondents, however, are now at liberty to offer appointment to the candidates next in order of merit.
Disposed of.
Dasti.
March 10, 2010 (SURYA KANT) Mohinder JUDGE