Permod Kohli, J. - (1.) RESPONDENT no. 2 issued advertisement published in the Tribune in its issue dated 26.9.2010 inviting applications from the eligible candidates for filling up 133 regular posts of Ayurvedic Medical Officers by the Ayurvedic Department of Punjab. The qualifications and other details prescribed for the post are as under: - Last date for receipt of application was fixed as 26.7.2010. Petitioner no. 1 applied in BC Category whereas petitioner no. 2 applied in Handicapped Category. Both the petitioners have been declared ineligible vide the public notice issued by respondents on their official website for the following reasons: -
(2.) IT is admitted position that both the petitioners completed their internship on 9.9.2010, as is evident from the internship certificates issued by the Principal, Government Ayurvedic College, Patiala dated 9.9.2010 (Annexures P -6 and P -7, respectively). On completion of their internship, the petitioners also secured registration with the Board of Ayurvedic and Unani System of Medicines, punjab under the provisions of Punjab Ayurvedic and Unani Practitioners Act, 1963. Both the petitioners were registered as Medical Practitioners in the Ayurvedacharya (BAMS) on 9.9.2010 (Annexures P -4 and P -5 respectively). It is thus admitted position that on the last date of making applications, the petitioners had not completed their internship nor they were registered Medical Practitioners. It is stated that the Director, Health and Family Welfare, Punjab had earlier issued advertisement for 34 posts of Medical Officer (Dental) and some of the candidates were declared ineligible on the ground of not completing internship and non -registration. They approached this Court by filing CWP Nos. 17159 to 17162 of 2010. Notice of motion was issued in these cases where upon the respondents issued corrigendum dated 23.9.2010 treating them as eligible by declaring that such candidates who will fulfil the condition of eligibility upto the date of interview will be considered as eligible. The petitioners have also referred to another advertisement issued by the Army Dental Corps for grant of Short Service Commission (Annexure P -12) wherein the date for completion of the internship and registration for the purpose of eligibility has been specified. The contention of the petitioner is two fold: - (i) That in case of appointment of Medical Officer (Dental), the eligibility has been extended upto the date of interview; and (ii) That no date for acquiring eligibility has been mentioned in the advertisement notice rendering the petitioner ineligible. I have heard learned counsel for the petitioners. The qualifications prescribed in the advertisement are statutory qualifications. The recruitment of the Ayurvedic Medical Officer is governed and regulated by statutory rules framed under Proviso to Article 309 of the Constitution of India. The State of Punjab has framed statutory rules, namely, Punjab Ayurvedic (Group 'A') Service Rules, 2008 (hereinafter referred to as "the Rules"), as notified vide notification dated 25.3.2008. Rule 5 provides for the method of appointment, qualification and experience etc. The said Rule is reproduced here under: - 5. Method of appointment, qualifications and experience. - (1) Appointment to the service shall be made in the manner specified in Appendix "B". Provided that, if no suitable candidate is available for appointment by promotion and by direct appointment, then appointment to the Service shall be made by transfer of a person holding a similar or an identical post under a State Government or Government of India. (2) No person shall be appointed to a post in the Service unless he possesses the qualifications and experience as specified against that post in Appendix "B". (3) Appointment to the Service by promotion shall be made on the basis of seniority -cum -merit, but no person shall have any right to claim promotion on the basis of seniority alone.
(3.) UNDER Sub Rule (1) of Rule 5, appointment to the service is to be made in the manner specified in Appendix B. Sub rule (2) of Rule 5 further provides that no person shall be appointed to a post in service unless he possesses the qualifications and experience as specified against that post in Appendix B. Item No. 6 of Appendix B annexed to the Rules provides the qualifications for the post of Ayurvedic Medical Officer as under: - ;