CHANDRA PRAKASH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2002-12-85
SUPREME COURT OF INDIA
Decided on
December 04,2002
CHANDRA PRAKASH
Appellant
VERSUS
STATE OF UTTAR PRADESH
Respondents
Referred Judgements :-
RUDRA KUMAR SAIN VS. UNION OF INDIA [REFERRED TO]STATE OF U.P. AND ANOTHER VS. DR. M.J. SIDDIQUI AND OTHERS [REFERRED TO]
Cited Judgements :-
RAM MILAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-2-113] [REFERRED TO]JAGPAL SINGH VS. STATE OF UTTARANCHAL [LAWS(ALL)-2006-6-1] [REFERRED TO]
NYAJUM PADU VS. COMMISSIONER AND SECRETARY PWD GOVT OF ARUNACHAL PRADESH [LAWS(GAU)-2007-3-27] [REFERRED TO]
PRAFULLA CHANDRA SARMA VS. GOKUL MOHAN HAZARIKA [LAWS(GAU)-2007-5-25] [REFERRED TO]
ALOK JAITLEY VS. U P FOREST CORPORATION [LAWS(ALL)-2009-3-34] [REFERRED TO]
VILLUPURAM DISTRICT CENTRAL CO OPERATIVE BANK LIMITED VS. R SANTHANAM [LAWS(MAD)-2008-8-62] [REFERRED TO]
STATE OF HARYANA VS. VIJAY SINGH [LAWS(SC)-2012-8-37] [REFERRED TO]
RAJENDRA PRASAD VS. STATE OF U P [LAWS(ALL)-2005-11-211] [REFERRED TO]
K MALATHI VS. GOVERNMENT OF TAMIL NADU REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT [LAWS(MAD)-2012-1-120] [REFERRED TO]
Pushpa Chouhan VS. State of M.P. [LAWS(MPH)-2005-1-145] [REFERRED TO]
SULABH INTERNATIONAL SOCIAL SERVICE ORGANIZATION VS. REGIONAL LABOUR COMMISSIONER (CENTRAL) & ORS. [LAWS(DLH)-2012-10-333] [REFERRED TO]
RAJKEEYA AYURVED AVEM YUNANI CHIKITSA SEVA SANGH, UTTARANCHAL VS. STATE OF UTTARAKHAND AND ANOTHER [LAWS(UTN)-2012-1-39] [REFERRED TO]
DR. ALOK KUMAR MEHROTRA AND ORS. VS. SHAILENDRA KRISHNA PRIN. SECY. LABOUR DEPTT. U.P. GOVT. BAPU [LAWS(ALL)-2012-1-762] [REFERRED TO]
MADHUSUDAN PRASAD MISHRA VS. STATE OF U.P. THROUGH PRINCIPAL SECY. AND ORS. [LAWS(ALL)-2010-9-399] [REFERRED TO]
ARVINDER SINGH BAINS VS. STATE OF PUNJAB [LAWS(SC)-2006-5-55] [REFERRED TO]
BALWANT SINGH NARWAL VS. STATE OF HARYANA [LAWS(SC)-2008-7-35] [REFERRED TO]
DR. GULAB CHANDARA GUPTA VS. STATE OF U.P. THROUGH CHIEF SECRETARY, MEDICAL HEALTH AND FAMILY WELFARE AND OTHERS [LAWS(ALL)-2016-11-25] [REFERRED TO]
RAJKEEYA AYURVED AVEM YUNANI CHIKITSA SEVA SANGH UTTARANCHAL VS. STATE OF UTTARAKHAND AND ANOTHER [LAWS(UTN)-2011-7-244] [REFERRED]
RAM BABU YADAV & 93 ORS; MOHAMMAD IRSHAD & 7 ORS; SURESH KUMAR YADAV AND 2 ORS; RAJESH SINGH AND 46 ORS; RAJEEV SRIVASTAVA AND 4 ORS VS. STATE OF U P THROUGH PRIN SECY HOME LKO & ORS [LAWS(ALL)-2018-1-201] [REFERRED TO]
RATNESH KUMAR & OTHERS VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2017-11-43] [REFERRED TO]
DR. RAMJI PANDEY S/O LATE J.N. PANDEY VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-8-392] [REFERRED TO]
RAJENDRA PRASAD SAXENA AND ORS. VS. DISTRICT JUDGE, BUDAUN AND ORS. [LAWS(ALL)-2019-8-369] [REFERRED TO]
RASHI MANI MISHRA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2021-7-38] [REFERRED TO]
SUSHIL CHANDRA TIWARI VS. STATE OF U. P. [LAWS(ALL)-2021-8-162] [REFERRED TO]
JUDGEMENT
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.
(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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