- (1.) The petitioner has sought two reliefs through this writ petition: (i) that the service rendered by the petitioner in rural area in the State of Punjab should be taken into account for considering the case of the petitioner for admission to M.D. Course against the 33 seats meant for HCMS doctors (ii) issue a direction to the respondents to permit the petitioner to cross his efficiency bar taking into consideration the rural service rendered in the State of Punjab.
(2.) Skeleton facts seeking the above reliefs are the petitioner joined the State service on 24.4.1984 his services were regularised with effect from 1.12.1988. The State of Haryana reserved 33 seats in the post graduate courses for the HCMS doctors serving in the State. The eligibility condition for competing against the reserved seats provided as under:- "Reserved Seats (i) In case of 2 years system. a) HCMS doctors who have successfully completed the probation period and also have total service of 5 years in the State including 3 years of rural service in the state will be eligible for the grant of No Objection Certificate for P.G. Course against reserved seats in Medical College, Rohtak. b) The period spent on ad hoc service in the State and in the rural areas in the State will be taken into account for the purpose of counting the period of 5 years service in the State and three years rural service respectively. c) In lieu of doing the PG Courses they will have to execute a bond to serve the State Government for a period of 5 years/ in the case of diploma courses. In case they fail to serve the State Government, they will have to deposit in Government Treasury Rs. 60,000/- and Rs. 30,000/- with interest demanded by the Govt, from time to time respectively. d) HCMS doctors selected against reserved seats will be treated on duty and they will be paid full pay and allowances for the duration of their course. ii) 3 years system. a) HCMS doctors who have successfully completed the probationary period and also have total service of 4 years in the State including 2 years of rural service in the State will be eligible for the grant of No Objection Certificate for doing P.G.Course against reserved seats in Medical College, Rohtak. b) The period spent on ad hoc service in the State and in the rural areas in the State will be taken into account for the purpose of counting the period of four years service in the State and two years rural service respectively. c) In lieu of doing the P.G. Course they will have to execute a bond to serve the State Government for period of five years in the case of MD/MS courses and three years in the case of diploma courses. In case, they laid to serve the State Government, they will have to deposit in Government Treasury Rs. 60,000/- and Rs. 30,000/- d) HCMS doctors selected against reserved seats will be treated on duty and they will be paid full pay and allowances for the duration of their course. It is not disputed that the petitioner served the State of Punjab in rural area.
(3.) The learned counsel for the respondent, on the very out set, and I must appreciate very fairly and candidly, conceded that so far as crossing of efficiency bar is concerned keeping in view the rules for clearing the efficiency bar, the petitioner is entitled to the benefit of rural service rendered in the State of Punjab. Otherwise also reading of Rule 13 of the Haryana Civil Medical Service (Class II) Rules, 1978 hereinafter referred to as the rules, the relevant condition for crossing the efficiency bar runs as under:- "Unless he has served at least for one year in rural areas or at least for one year under family welfare programme." It is categorically stated that the petitioner cannot be deprived of the benefit of serving the rural areas in the State of Punjab, particularly in view of the law laid down in Dr. Sameer Kaushal vs. The State of Punjab and others, 1992 AIR(P&H) 209, wherein similar rule was under consideration.;