NAVJOT KAUR V. HARYANA PUBLIC SERVICE COMMISSION ETC.

CWP/16628/2012

AI Insights

Dr. Navjot Kaur approached the Punjab and Haryana High Court challenging the rejection of her candidature for the temporary post of District Ayurvedic Officer (Group-B) by the Haryana Public Service Commission. The rejection was based on the grounds that her experience did not meet the requirements as per the Service Rules, specifically that her workplace, Jeevan Jyoti Hospital, was not considered a 'well organized private agency'. The court examined the qualifications and experience of the petitioner, including her degree in Ayurvedacharya and her extensive experience at Jeevan Jyoti Hospital, which was supported by various documents such as tax returns, hospital registration certificates, and birth certificates issued from the hospital. The court found that the hospital did meet the criteria of a 'well organized private agency' and thus, the petitioner was eligible for the post.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 727402 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 17-10-2012
• Assessment Year: misc
• Laws Referred To: Pre-Natal Diagnostic Regulation and Prevention of Misuses) Act, 1994
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: H N MEHTANI
• Assessee Lawyers: ANURAG GOYAL
• Keywords: Experience Requirement; District Ayurvedic Officer; Haryana Public Service Commission; Candidature Rejection; Well Organized Private Agency
• Section: 19(1)

Judgement Text

"CWP No. 16628 of 2012 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 16628 of 2012 Date of Decision: 17.10.2012 Dr. Navjot Kaur ………Petitioner Versus Haryana Public Service Commission ………… Respondent ***** CORAM : HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. Anurag Goyal, Advocate for the petitioner. Mr. H.N. Mehtani, Advocate for the respondent. ***** AUGUSTINE GEORGE MASIH , J.(ORAL) Petitioner has approached this Court impugning the order rejecting her candidature for appointment to temporary post of District Ayurvedic Officer (Group-B) in Heath & Ayush Department, Haryana dated 9.7.2012 (Annexure P-17) as also the rejection of the representation submitted by the petitioner, dated 17.8.2012 (Annexure P-21). Counsel for the petitioner submits that the petitioner in pursuance to the advertisement No. 4 dated 2.11.2011, last date for submission of the application being 30.11.2011, applied for the post of District Ayurvedic Officer (Group-B) in Health & Ayush Department, Haryana. The essential qualifications prescribed for the post was fulfilled by the petitioner as after obtaining a degree in Ayurvedacharya (Bachelor of Ayurvedic Medicine & Surgery) issued by the Kurukshetra University dated 31.7.2012 (Annexure P-2) started working with her husband after marriage CWP No. 16628 of 2012 -2- on 29.11.2003 in Jeevan Jyoti Hospital as Chikitsak/Medical Officer practicing in Gynae, Obesity & Panchkarma. This hospital of which the petitioner is also a partner is a 20 bed hospital, with facilities such as telephone, ultra sound machine, Gynae Ward etc. where deliveries in this hospital are also taken, which entries have been accepted by the Government of Haryana and on the basis of which birth certificates are being issued. Petitioner is also an income tax payee and in support of that documents have been attached. She applied for the post being eligible as she had the requisite experience of eight years as Ayurvedic Medical Officer. The application of the petitioner was rejected by the Haryana Public Service Commission and decision conveyed vide letter dated 9.7.2012 (Annexure P-17) on the ground that the petitioner did not possess the requisite experience as per Service Rules. In the said letter, it was further stated that in the event the petitioner wanted to object to the decision taken, she could file a reply within ten days of the date of issuance of the letter. In pursuance thereto, petitioner submitted her reply, copy whereof has been appended as Annexure P-18 along with an affidavit dated 16.7.2012 (Annexure P-19) as also the affidavit of her husband Dr. Sunil Panwar dated 16.7.2012 (Annexure P-20) stating therein and showing that she fulfills the requisite qualifications and experience prescribed in the advertisement. The said representation of the petitioner was rejected by the Commission vide letter dated 17.8.2012 (Annexure P-21). This, the counsel for the petitioner contends, is not sustainable as the petitioner fulfills the qualifications prescribed for appointment to the post of District Ayurvedic Officer. His further contention is that the rejection of the candidature of the petitioner was conveyed vide communication dated 9.7.2012 (Annexure P-17) and she CWP No. 16628 of 2012 -3- had been given ten days' time for responding to the decision, if she had any objection but prior to expiry of these ten days interviews of the post of District Ayurvedic Officer was conducted by the Commission from 16.7.2012 to 18.7.2012, whereas the time granted to the petitioner to submit her objections to the rejection of her candidature expires on 18.7.2012 before the petitioner could submit her representation, decision could be taken thereon, interviews for the post were over. As a matter of fact, the decision on the representation of the petitioner was conveyed to the petitioner only on 17.8.2012. He, on this basis, contends that the impugned orders cannot sustain. On the other hand, counsel for the respondent has submitted that the requirement for appointment to the post of District Ayurvedic Officer apart from possessing the minimum qualification prescribed was eight years experience as Ayurvedic Medical Officer/Unani Medical Officer in a Dispensary/Hospital run by Government or any reputed or well recognized private agency after attainment of minimum basic qualifications. The hospital in which the petitioner served is not a well organized private agency, which would fall within the statutory rules and fulfill the mandate of the said rules. A well organized private agency would mean a group of people, union or essential business which is absent in the case of Jeevan Jyoti Hospital and, therefore, the petitioner does not fulfill the minimum requisite qualifications for appointment to the post, she had applied for and the rejection of candidature of the petitioner is in accordance with law. Prayer has, thus, been made for dismissal of the writ petition. I have considered the submissions of the counsel for the parties and with their assistance have gone through the records of the case. CWP No. 16628 of 2012 -4- An advertisement No. 4 dated 2.11.2011 was issued by the Haryana Public Service Commission, wherein two temporary posts of District Ayurvedic Officer (Group-B) in Health & Ayush Department, Haryana were published. Out of these, one was for the general category and the other was for the Backward class category. The minimum required qualification for being eligible for appointment to the said post were as follows:- “3. Essential Qualifications:- i) A degree in Ayurvedic Unani System of Medicine from any University or institution recognized by the Government. ii) Six years experience as Chikitsak (Physician/ Resident Physician (Ayurvedic/Unani) Or Eight years experience as Ayurvedic Medical Officer/Unani Medical Officer in a Dispensary/Hospital run by Government or any reputed or well organised private agency after attainment of minimum basic qualifications. iii) Knowledge of Hindi/Sanskrit upto Matric standard. Preferential: Doctor of Medicine in Ayurveda or Post Graduate in Ayurveda.” It is not in dispute that the petitioner possesses decree in Ayurvedic Unani System of Medicine and, therefore, fulfills the mandate of clause 3(i) as prescribed in the advertisement. The only question which needs to be decided herein is with regard to the experience which the petitioner possesses as an Ayurvedic Medical Officer. The objection taken by the respondents for rejecting the candidature of the petitioner is that the experience certificate as submitted by the petitioner is not from a reputed or CWP No. 16628 of 2012 -5- well organised private agency. For a well organised agency the minimum requirement would be the basic infrastructure, staff, equipment, management and work for running such an organization. Admittedly, the experience certificate which is produced by the petitioner, copy whereof has been appended as Annexure P-16C shows that the petitioner is working as a Chikitsak in Jeevan Jyoti Gern. & Mat. Hospital, Karnal since nine years and is a partner in this hospital. She is practicing in Gynae, obesity and Panchkarma. The period of experience of the petitioner is not disputed, what is disputed is that the said hospital would not fulfill the mandate of it being a well organized private agency. Petitioner has placed on record the telephone bills in the name of the Hospital Annexures P-4 to P-8 of different years. A renewal certificate of registration dated 02.03.2012 (Annexure P-9), according to which an Ultra Sound Machine is working in the hospital and its registration certificate has been obtained under Section 19(1) of the Pre-Natal Diagnostic Regulation and Prevention of Misuses) Act, 1994. In this very certificate, it is mentioned that this is a renewed certificate. The earlier period of validity of the certificate is mentioned as from 27.2.2007 to 26.2.2012. The income-tax returns of the petitioner has been appended along with the writ petition as Annexures P-10 to P-16. Certificates depicting birth certificates issued by the Registrar Births & Deaths, Karnal dated 22.1.2004 and 03.08.2010, showing the place of birth of the child as Jeevan Jyoti Hospital, Karnal has been appended as Annexures P-16A and P-16B respectively. Balance sheets duly audited by the Chartered Accountant of the Hospital have also been placed on record as Annexure P-23, which runs into various years. Photocopy of the attendance register spanning from the year May, 2003 till CWP No. 16628 of 2012 -6- August, 2012 as Annexure P-27, wherein the presence of different officials such as Medical Officers, Lab Technicians, Ward Boy, Panch Karama Assistant, Dispenser, Ladies Panch Karama, Receptionist, Sweeper and Surgeon in this order have been shown. All these documents show that it is a well organized hospital, which is being run as a private venture by the petitioner and her husband. In the light of the documentary evidence, which has been placed on record, reference whereof has been made above, the contention of the respondent-Haryana Public Service Commission that the experience obtained by the petitioner from Jeewan Jyoti Hospital would not fall within a well organised private agency, cannot be accepted. In view of the above, the writ petition is allowed and petitioner is held eligible for consideration for appointment to the post of District Ayurvedic Officer. The impugned orders dated 9.7.2012 (Annexure P-17) and dated 17.8.2012 (Annexure P-21) cannot sustain and are hereby quashed. Directions are issued to the Haryana Public Service Commission to interview the petitioner for the Temporary post of District Ayurvedic Officer (Group-B) in Heath & Ayush Department, Haryana. The result of the selection be declared thereafter. 17.10.2012 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE "