, JT1998 (9 )SC 7 , 1999 LabIC928 , 1998 (6 )SCALE642 , (1999 )2 SCC330 , (1999 ) SCC(LS)513 , [1998 ]Supp3 SCR693 , 1999 (1 )SCT624 (SC ), 1999 (3 )SLJ57 (SC ), 1999 (2 )SLR552 (SC ), (1999 )2 UPLBEC57 , ,MANU/SC/0802/1998
S.B. Majmudar#M. Jagannadha Rao#253SC1300Judgment/OrderAIR#INSC#JT#LabIC#MANU#SCALE#SCC#SCC(LS)#SCR(Supp)#SCT#SLJ#SLR#UPLBECS.B. Majmudar,SUPREME COURT OF INDIA2012-9-2416912 -->
MANU/SC/0802/1998
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 6446 of 1998 (Arising out of SLP (C) No. 20982 of 1997).
Decided On: 18.12.1998
Appellants: State of Punjab and Ors. Vs. Respondent: R.N. Bhatnagar and Ors.
Hon'ble Judges/Coram:
S.B. Majmudar and M. Jagannadha Rao JUDGMENT
S.B. Majmudar, J.
1. Leave granted.
2. By consent of learned counsel for the parties, we have heard this appeal finally and the same is being disposed of by this judgment. The short question involved in this appeal is as to how the quota and rota for recruiting Professors in the Department of Ophthalmology in the medical college belonging to the appellant-State of Punjab is to be operated. The relevant factual matrix for deciding this controversy may be noted at the outset.
Background facts :
3. The respondent, at the relevant time when this controversy arose, was working as an Assistant Professor in the Department of Ophthalmology in the Government Medical College, Patiala. He was a promotee with effect from 20th June, 1984. Earlier he was working as Senior Lecturer from 6.8.1981. The question arose as to how the vacancy in the post of Professor of Ophthalmology was to be filled in on the retirement of one Dr. Shiv Inder Singh Rudra, Professor of Ophthalmology, with effect from 31.10.1996. The relevant rule governing such posts is Rule 9(i)(d) of the Punjab Medical College Education Service (Class-I) Rules, 1978 (hereinafter referred to as the Rules'). The said rule reads as under :
"(9) Method of Appointment :
(d) In the case of Professors :
(i) 75 percent posts by promotion from amongst the Additional Professors, or, where Additional Professors are not available, from amongst the Associate Professors, or, where Associate Professors are not available, from amongst the Assistant Professors, or by transfer of official already in the service of the Government of India, or the State Government;
(ii) 25 percent posts by direct recruitment;"
4. According to the appellant-State, as there were five posts in the cadre of Professors of Ophthalmology in the said college, on the basis of the aforesaid quota rule governing the recruitment in question, every three E vacancies of Professors in the said cadre had to be filled in by departmental promotees while the fourth vacancy would be filled in by direct recruitment and thereafter succeeding vacancies to be filled in by promotees and direct recruits in the successive cycles of 3:1. The case of the appellant-State is that in the cadre of Professors of Ophthalmology in the said college, right from the beginning when the erstwhile executive instructions on the same lines operated till the date of the falling of the vacancy in question, there were in all 15 Professors including Dr. S.S. Rudra, who retired, as aforesaid, and, therefore, on his retirement the 16th vacancy arose. As per the appellant-State, on the operation of the quota rule and the roster cycles of 3:1, the 16th vacancy would be available to a direct recruit as ........