V.KAMESWAR RAO, J. - (1.)The challenge in this writ petition is to an order dated March 23, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( 'Tribunal ', for short) in Original Application being O.A.No.380/2015 filed by the petitioner herein, which was dismissed by the Tribunal. The claim of the petitioner before the Tribunal was for regularisation of her services as Specialist Doctor.
(2.)The facts as noted from the record are that, pursuant to the advertisements issued by the Directorate of Health Services, GNCTD, for appointment of Medical Officers on contract basis, the petitioner was appointed as a Junior Specialist (Surgery), in the year 1996 for a period of one year. Her contractual period was extended from time to time. The GNCTD, in consultation with the Ministry of Health and Family Welfare decided to constitute General Duty Medical Officer (GDMO) and Non-Teaching Specialists Cadre in the first place and Public Health and Teaching cadre on a later date. After receiving the concurrence of the Union Public Service Commission (UPSC), the Delhi Health Services Allopathy Rules, in respect of GDMOs and Non-Teaching Specialists Cadres were notified on December 23, 2009.
(3.)Pursuant to the framing of the 2009 Rules, the GNCTD in consultation with the UPSC invited the Doctors appointed on contract basis for a personal talk for assessment of their suitability by the UPSC. Rule 6 (2) of the 2009 Rules, stipulates as under:
"All officers appointed on contract basis/ad hoc basis on or before 18/12/2006, i.e., the date of issue of the Government of Delhi 's O.M. No. F.70/49/206/H&FW/SSHFW 463-475 dtd. 18/12/2006, on the basis of their suitability as assessed by the Commission and requisite educational qualifications and experience prescribed for the post and being found fit, shall be deemed to have been appointed under these rules and assigned to the Sub-Cadre of General duty Medical Officers or Non-Teaching Specialists, as the case may be, and they shall be members of the Service at the entry level of the respective Sub-Cadre at the initial constitution stage ".