KARTIK SYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has obtained his M.B.B.S. degree in the month of May, 2005. He obtained his M.D. degree in the subject of Anesthesiology in the month of May, 2008. Respondent No. 3 issued an advertisement on 2nd June, 2011, whereby applications were invited for filling up two posts of Assistant Professor in the subject of Aneasthesiology. The last date of receipt of applications was 1st July, 2011. The minimum experience required as a Registrar/Resident was three years after doing Post Graduation. Petitioner submitted his application in the prescribed proforma, though there was shortage of 7 days in teaching experience. Mr. B.C. Negi, learned Counsel for the petitioner has strenuously argued that the advertisement dated 2nd June, 2011 be quashed to the extent whereby it prescribes three years' experience as a Registrar/Resident after doing Post Graduation. He also argued that the respondents No. 1 and 3 be directed to consider the candidature of the petitioner for the post of Assistant Professor by ignoring shortage of 7 days in teaching experience.

(2.) Mr. R.P. Singh, learned Assistant Advocate General, Mr. D.K. Khanna, Mr. Ajay Mohan Goel, Mr. Tarlok Jamwal, learned Counsel for respondents No. 3, 4 and 5, respectively have strenuously argued that the candidature of the petitioner could not be considered for the simple reason that he was not in possession of three years teaching experience on the last date of receipt of application, i.e., 1st July, 2011. Mr. Ajay Mohan Goel, learned Counsel for respondent No. 4, has also argued in addition that the petitioner has not challenged the Recruitment and Promotion Rules framed in the year, 1999, whereby three years teaching experience has been prescribed for filling up the posts of Assistant Professor. He also argued that in case the contention of the petitioner is accepted, it would lead to multiplicity of litigation and delay in selection process.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.