G.C. Mittal, J. - (1.) The petitioners, Dr. Avtar Singh and Dr. A Ghai, after passing the M B B. S. Course, were selected and appointed .to the P. C. M. S. Class II on regular basis, through the Punjab Public Service Commission. While they were working as such, a notice was issued by the Directorate of Research and Medical Education, Punjab, inviting applications from the regular P C. M. S. Class II Doctors for transfer as Demonstrators Jin the Medical Colleges at Patiala and Amritsar in the Departments of Anatomy, Physiology, Pharmacology, Pathology, Microbiology, Bio - Chemistry, Blood Transfusion, Clinical Pathology, S. P. M. etc , on the conditions mentioned therein. Both the petitioners applied and were selected as Demonstrators in the Departments of Pharmacology and Microbiology, respectively, and they joined in Jan., 1979. A copy of the notice inviting applications has been annexed with the amended petition as P - 1 wherein the conditions of eligibility reservation of seats and tenure of office etc , are mentioned. While the petitioners were continuing as Demonstrators, there was a fresh notice dated 19th/22nd Oct., 19/9, issued by the Directorate of Research and Medical Education, Punjab, inviting applications for filling up the posts of Registrars/Demonstrators from amongst the regular P. C. M. 3. Class 21 for a large number of posts, both in the clinical and Basic Departments in the State Medical Colleges at Patiala, Amritsar and Faridkot. A copy of this notice has been annexed as P - 3 The criteria for selection was prescribed in the notification issued by the State Government, a copy of which is annexed with the amended petition as P - 2 In pursuance of the aforesaid notice, both the petitioners applied for being appointed as Registrars in the Departments of their choice but their applications were not being considered as they did not fulfil the qualification of two years rural service. To impugn that action, this writ petition was filed and in the written statement filed by the State, it was admitted that the petitioners fulfilled the qualification of two years' rural service but were not eligible for the post of Registrar because they have already been selected and are working as Demonstrator since Jan., 1979, which is a tenure post and till they complete the tenure, they would not be eligible. After the written statement was filed, the petitioners amended their writ petition and challenged the aforesaid stand taken by the State and urged that there was no such condition of completion of tenure of the post of Demonstrator before their applications for the post of Registrar could be considered.
(2.) To the amended writ petition, the State has filed another written statement reiterating their earlier stand and it is also stated that the petitioners were appointed as Demonstrators for the purpose of doing Post - graduation and that is why they had applied for that post. By not doing Post - graduation in their respective subjects while remaining as Demonstrators, they had denied the opportunity of doing Post graduation to other desirous officers who could do Post - graduation by occupying those seats.
(3.) The learned counsel for the petitioners has invited my attention to para 3 of annexure P - l, which is to the following effect:- "3. The normal tenure of Demonstrators will be two years but they may continue in the department so long as they wish". As regards the qualifications for eligibility, these are contained in para 1 of annexure P - l, which, according to the petitioners, they fulfilled for being appointed as Demonstrators On the basis of the aforesaid, it is urged that the petitioners could continue in the post of Demonstrators for two years or for a lesser period according to their own wish but if they do not complete the tenure, they may not be able to take benefit of the post of Demonstrator for any other post or job, and if they do not wish to complete that course, whatever period they have spent as Demonstrator may be ignored and unless there is any rule or provision denying them entry into any other post or job because they have not completed the tenure in the post of Demonstrator, they cannot be denied the entry to the Registrar's post as has been sought to be done by the respondents. A reading of annexures PI to P3 supports the argument of the learned counsel as there was no such prohibition in annexure PI when they were appointed as Demonstrators nor do I find any such condition in the criteria for selection as contained in annexure P2 nor in the notice issued for the posts of Registrars, annexure P3 For appointment to the post of Registrar, the minimum qualification has been mentioned in clause 3 of annexure P2 and this clause does not contain any prohibition that if an officer has been selected for the post of Demonstrator and is working as such but has not completed the tenure, he would not be eligible for the post of Registrar. It is not disputed that both the petitioners have put in at least two years' rural service, which is one of the pre - conditions for appointment to the post of Registrar.;