Rajendra Nath Mittal, J. - (1.) The petitioner passed his M. B. B. S. examination in 1973. After the internship of one year, he was selected and appointed as House Surgeon in Rajindra Hospital, Patiala.
(2.) There are two types of posts, namely teaching and non-teaching. Those who are appointed against the teaching posts are termed as Registrars and those appointed against non-teaching posts are termed as Medical Officers. The petitioner was taken into P. C. M. S Class II and appointed Medical Officer.
(3.) In the month of May, 1978, the Director, Research and Medical Education, Punjab, respondent No.2, circulated a notice inviting applications from the regular P.C.M.S. Class II Doctors for being appointed as Registrars in the Medical Colleges at Amritsar and Patiala. In pursuance of the notice, the petitioner submitted an application for being selected on merit and appointed as a Registrar. He gave his first option for 'Obstetrics and Gynaecology', second for 'General Surgery' and 3rd for Anaesthesis'. The petitioner was selected on merit basis for being appointed as Registrar in Anaesthesis whereas he was placed on waiting list at No. 3 in the list prepared on merit basis for being appointed as Registrar General Surgery. He made an application that he did not want to join as Registrar 'Anaesthesis' and the next candidate on the list be appointed in his place. It is said that two posts of Registrars of Surgery remained vacant as the selected candidates did not join. Out of the said posts one was for a candidate selected on merit and the other for that selected on seniority. Dr. Hukam Chand who was at No. 2 on the merits list was offered the post meant for merit candidate telegraphically but he failed to join the same till Jan. 31, 1979. It is further said that the other candidate on the waiting list also did not join the post and consequently the petitioner became entitled to it but he was not appointed as Registrar General Surgery. He has prayed that the respondent Nos. 1 and 2 be directed to appoint him against the said post.;