Decided on May 13,1991



V.K.MEHROTRA,A.J. - (1.) Petitioner Dr. Dev Raj Sharma is working as General Duty Officer -II in the Directorate of Health Services Himachal Pradesh. He did his M. B. B. S. from the Indira Gandhi Medical College, Shimla in the year 1981. On September 10 of the year, he joined as G. D. O. II on ad -hoc basis. Later, he was selected for the post through the H. P. Public Service Commission and joined as G. D. O. on a regular basis on July 17, 1982, in continuation of his ad -hoc appointment. He has thus been working as a G. D. O. continuously since September 10, 1981.
(2.) The Indira Gandhi Medical College has post Graduate Degree and Diploma Courses in various Disciplines. Admission to these Courses is governed by the Prospectus issued by the Government of Himachal Pradesh in the Department of Health and Family Welfare. One such Discipline is Ear, Nose and Throat (for short, "ENT"). The admission, both to the Diploma and Degree Courses in it, is made on the basis of competitive examination from amongst the eligible candidates. The Prospectus (for 1990 -91/92), in its relevant part, provides in paragraph 3 as under : "3. Distributions and Restrictions : GROUP A 3.1. 25% seats of Degree and Diploma Course shall be filled through All India Entrance Examination. GROUP B seats will be filled by. in service regularly appointed G. D. O. I and G. D. O. II in Himachal Pradesh Health Services cadre and 33.3% seats will be available by open competition from amongst the graduates of Indira Gandhi Medical College. If sufficient number of candidates in one category is not available, the seats reserved for them will be allotted to the candidates of other category. "To qualify for Degree or Diploma Course only such regular GDOs (HPHS) will be eligible who have five years service including ad -hoc service, if any, to their credit and out of this at least three years service should be rural. G. D. O. (HPHS) who has been selected and has successfully completed a Diploma or Degree Course will not be eligible for applying again until he has served the State Government for five years after he has completed Diploma/Degree Course : Provided that such qualifying service will not be necessary if an officer wishes to follow a Diploma with a Degree course in the same specialty. 3.5. Distribution of seats in each specialty to G. D. Os. (HPHS) and direct candidate will be according to the following roster : - - This roster will be repeated after every six seats."
(3.) The criteria and method of selection into Post -Graduate Course, provided in paragraph 5 says (in paragraph 5.3) that : "5.3. G. D. Os. (HPHS) will compete amongst themselves and open candidates will compete in their own group in the competitive examination conducted by the H. P. University." ;

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