I.S. Tiwana, J. - (1.) ORDER OF REFERENCE (Dated 20-8-1983) (Oral) - The petitioners who were employed as Up-vaids (they have been promoted to the post of Vaids during the pendency of this petition on ad-hoc basis) impugn the action of the respondent-authorities is not considering them eligible for promotion as Vaidyas on the ground that they were not possessed of any degree recognised by the Government in terms of rule 2(g)(iii) of the Punjab Ayurvedic (Class-Ill Technical) Service Rules, 1963 (for short, the Rules) which Rules undisputably govern the service of the petitioners. Admittedly, all of them have acquired the degree of Ayurveda Rattan from Hindi Sahitya Sammelan Pariyag after 1972.
(2.) To appreciate the controversy it is necessary to notice the relevant parts of rules i. e. 2(g) and 8 of these Rules : 2(g) "recognised institution or "university" means (i) any institution or university incorporated by law in any of the States of India ; or (ii) in the case of degrees or diplomas obtained as a result of an examination held, before 15-8-47, the Punjab, Sind or Dacca University or (iii) any other institution or university which may be declared to be a recognised institution or university for the purposes of these rules by the Government." 8(1) All appointments to the service shall be made - "(a) in the case of Senior Lecturers, Junior Lecturers, Assistant Professor, Vaidyas, Hakims and Up-Vaidyas, fifty per cent by promotion from amongst the members of the Service, provided the persons to be 'promoted possess the qualifications specified in column 4 of Appendix A and fifty per cent by direct appointment through the Commission or the Board, as the case be." Relevant entry in Appendix 'A' to the rules is at S. No. 11 and reads as follows JUDGEMENT_109_LAWS(P&H)8_1983(1).html It deserves to be mentioned here that on March 5, 1959 the State Government issued an order (Annexure P. 1) the relevant part of which reads as follows:- JUDGEMENT_109_LAWS(P&H)8_1983(2).html "Ayurvedic Department Punjab, Patiala. List of Ayurvedic Institutions and Colleges recognised by the Ayurvedic Department, Punjab. "The above mentioned recognised institutions/Universities are declared for recruitment of Vaidyas as laid in Punjab Govt, policy contained in their memorandum No. 3 HE.A-I.-57/15803 dated 26/27th July, 1957."
(3.) Reliance on behalf of the respondents is primarily placed on two subsequent orders dated June 5, 1972 & March 7, 1980. It is necessary to make a detailed reference to these and the contents of the same are as follows:- "Health And Family Planning Department Notification No. 3641-IHBIL-72/16264 the 5th June, 1972 In supersession of all the previous orders issued in this behalf and in exercise of the powers conferred by clause (g)(iii) of rule 2 of the Punjab Ayurvedic Department (Class-III Technical) Service Rules, 1963, the Governor of Punjab is pleased to declare, with immediate effect, the following institutions or Universities awarding degrees or diplomas as noted against each, to be recognised Institution or University, as the case may be, for the purpose of the aforesaid rules:- JUDGEMENT_109_LAWS(P&H)8_1983(3).html "No. 16(11) IHB (IV)-80/6771 "The 7th March, 1980. In supersession of all previous orders issued in this behalf and a"I exercise of the powers conferred by clause g(iii) of rule 2 of the : Punjab Ayurvedic Department (Class-III Technical) Service Rules, 1963, the President of India is pleased to declare with immediate effect the institutions or Universities awarding Degrees or diplomas as included in the Second, Third and f Fourth Schedule to the Indian Medicines Central Council Act, 1970, to be the recognised institutions or Universities, as the case may be, for the purposes of the aforesaid rules.";