CHANDRA PRAKASH Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA
STATE OF UTTAR PRADESH
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Ruma Pal, J. -
(1.)A tangled web of facts and law would best describe this case which involves the question of the seniority of doctors in the Uttar Pradesh Medical Services. To untangle the factual aspect, we need to start from 1945.
(2.)Prior to 1945 there were two medical services in the State of U.P. the Provincial Medical Service (PMS) and Provincial Subordinate Medical Services (PSMS). On June 14, 1945 the Government of U.P. framed rules known as The United Provinces Medical Service (Mens Branch) Rules, 1945 (referred to hereafter as the 1945 Rules). In 1946, two new medical services were constituted, namely, PMS Grade I and PMS Grade II. On 2nd November, 1964 PMS Grade I and Grade II were merged with effect from 1st November 1964. However, there were no rules for fixing inter se seniority of the officers of the two erstwhile services which were so merged. The issue of the inter se seniority between the members of the new service as merged i.e. between PMS I and PMS II, was resolved ultimately by this Court by its decision in State of U.P. vs. M.J. Siddiqui, (1980) 3 SCC 180. As far as recruitment to the new PMS was concerned by way of a stop gap arrangement the State Government passed an order dated 20th February 1965 making the 1945 Rules applicable to the new PMS. The order said, "The U.P. Medical Service (Mens Branch) Rules, 1945 shall apply to the new PMS, unless otherwise ordered", and prescribed the eligibility criteria for appointment :
"The following will eligible for appointment to PMS :
(A) Medical Graduates of all universities in India recognised by the Indian Medical Council.
(B) Medical Graduates who hold the BMBS degree of Lucknow University, provided they have served in house appointments for a term of nine months in a teaching hospital before they offer themselves for appointment."
(3.)The writ petitioners Nos. 1 and 2 before us were selected by the Departmental Selection Committee (DSC) and issued letters of temporary appointment in the new PMS by the Governor on 24th September 1965 and 30th November 1965 respectively. There is no dispute that they were eligible to be appointed under the prescribed criteria.
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