PAWAN KUMAR THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has assailed the appointment of respondent No.3 to the post of Assistant Professor (Orthopedics) on the basis of recommendations made by the Promotion Committee. His precise case is that the respondent No.3 was not eligible to be considered for appointment as Assistant Professor (Orthopedics) as per ˜Himachal Pradesh Medical Education Service Rules, 1999. The precise case of respondent No.3 is that he was fully eligible for being appointed as Assistant Professor (Orthopedics) on the basis of experience/teaching in Casualty Department of the Indira Gandhi Medical College, Shimla.

(2.) THE learned Senior Additional Advocate General has drawn the attention of the Court to the Recruitment and Promotion Rules. The person who is to be considered for appointment to the post of Assistant Professor is also required to have at least three years teaching experience as Lecturer/ Registrar/ Demonstrator/ Tutor/Senior Resident/ Chief Resident in the concerned speciality after doing Post Graduation in the concerned speciality failing which by direct recruitment. In the present case, respondent No.3 was appointed on 18.8.2000 (Annexure A -4). The petitioner had joined as Registrar in Orthopedics on 26.11.1997. He was to complete his Registrarship on 25.11.2000. The date on which the name of respondent No.3 was considered by the Departmental Promotion Committee, the petitioner was not eligible. It is settled law by now that a person who himself is not eligible/qualified cannot assail the appointment of another person. There is no force in the submission of Mr. Lokender Thakur that the respondent No.3 has been appointed in utter haste without permitting the petitioner to complete his tenure of three years. It is for the State Government to fill up the post on the basis of availability of eligible candidates. The respondent -State could not be directed to delay the process of selection till the petitioner became eligible.

(3.) ACCORDINGLY , there is no merit in this writ petition and the same is dismissed on the ground of locus standi. No costs.