STATE OF PUNJAB versus DR. R.N. BHATNAGAR AND ANR.

STATE OF PUNJAB versus DR. R.N. BHATNAGAR AND ANR.

The quota-rota rule under Rule 9 must be applied to vacancies in the cadre, not merely the number of posts. Roster cycles for 3 promotees and 1 direct recruit are to be maintained vacancywise, and the operation of the quota must be strictly by vacancies falling due in the cadre; the High Court erred in applying a posts-based calculation. The statutory deeming fiction under the proviso to Rule 3 is limited to those actually holding posts at commencement of the rules and cannot be extended to prior retired incumbents. The disputed 16th vacancy is to be filled by a departmental promotee according to the rules, and the advertisement for filling it by direct recruitment was unsustainable.

Parties
Appellant: State of Punjab; Respondent: Dr. R.N. Bhatnagar; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
18 December 1998
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Promotion Quota Rota Rule, Recruitment Rules, Interpretation of 'post' Vs 'vacancy', Deeming Fiction Under Service Rules, Reservation Vs Recruitment From Multiple Sources
Service Law Statute Law Constitutional Law Promotion Quota Rota Rule Recruitment Rules Interpretation of 'post' Vs 'vacancy' Deeming Fiction Under Service Rules Reservation Vs Recruitment From Multiple Sources

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Parties

State of Punjab

Appellant

Dr. R.N. Bhatnagar

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the quota-rota rule under Rule 9(i)(d) of the Punjab Medical College Education Service (Class-I) Rules, 1978, applies to posts or vacancies.
  2. 2 Whether recruitment should be in the ratio of 3:1 for promotees to direct recruits on posts or vacancies.
  3. 3 Whether the High Court correctly interpreted the roster for filling the post of Professor of Ophthalmology.

Ratio Decidendi

The quota-rota rule under Rule 9 must be applied to vacancies in the cadre, not merely the number of posts. Roster cycles for 3 promotees and 1 direct recruit are to be maintained vacancywise, and the operation of the quota must be strictly by vacancies falling due in the cadre; the High Court erred in applying a posts-based calculation. The statutory deeming fiction under the proviso to Rule 3 is limited to those actually holding posts at commencement of the rules and cannot be extended to prior retired incumbents. The disputed 16th vacancy is to be filled by a departmental promotee according to the rules, and the advertisement for filling it by direct recruitment was unsustainable.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed.
  • The advertisement seeking to fill the Professor of Ophthalmology post by direct recruitment is quashed.