Punjab-Haryana High Court
Rajinder Singh vs State Of Haryana And Others on 3 July, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 11839 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 11839 of 2012
Date of Decision : July 03, 2012
Rajinder Singh
.... PETITIONER
Vs.
State of Haryana and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Hari Om Attri, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court praying for promotion to the post of Professor w.e.f. 28.05.2009 in the subject of Shalya Tantra.
It is primarily the contention of the petitioner that the post of Professor cannot be filled up by the direct recruitment which process was initiated by the Haryana Public Service Commission on a requisition sent by the department. He contends that the petitioner is entitled to promotion to the post of Professor as per the Central Council of Indian Medicine (Minimum Standard of Education in Indian CWP No. 11839 of 2012 2 Medicine) Regulations, 1989 (hereinafter referred to as 'CCIM Regulations'), according to which, where the post of Reader does not exist, direct promotion to the post of Professor can be made from the Lecturer, who has 10 years of experience as a Lecturer in the concerned subject. This, the counsel for the petitioner contends, was attained by the petitioner in the year 2008. The petitioner was wrongly promoted to the post of Reader after the creation of the post of Reader in the year 2009 whereas he was required to be promoted to the post of a Professor as per the Regulations. His further contention is that the petitioner is entitled to promotion to the post of Professor as per the Regulations only and he has very fairly stated that there are no statutory Rules entitling a Lecturer or a Reader for promotion to the post of a Professor. He, on this basis, contends that the claim is based upon the CCIM Regulations.
I have considered the submissions made by the counsel for the petitioner. No doubt, the CCIM Regulations have force of law and it only prescribes the minimum mandated qualifications for appointment to various posts but that does not mandate the filling up of a post in a particular manner or mode or source. As conceded by the counsel for the petitioner, the Statutory Rules do not mandate the filling of the post of Professor through promotion. In the absence of the statutory Rules, it is the discretion of the appointing authority to determine as to from which source the post, which has come into existence, is to be filled up. Admittedly, the post of Professor is CWP No. 11839 of 2012 3 available in Shalya Tantra, on which the petitioner is claiming promotion. The competent authority has taken a decision to fill up the post through direct recruitment which discretion having been exercised by the competent authority in the absence of the statutory Rules governing the service mandating the fill up the post by promotion cannot be faulted with.
In the light of the above, the advertisement, which has been issued by the respondents for filling up the post of Professor through direct recruitment is in accordance with law and does not call for any interference by this Court.
Finding no merit in the present writ petition the same stands dismissed.
(AUGUSTINE GEORGE MASIH )
July 03, 2012 JUDGE
pj