Judgment:
Civil Writ Petition No.7877 of 2012 (O&M) :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: May 06, 2013 Dr.Pooja Devi ...Petitioner Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.Vijay Sharma, Advocate, for the petitioner.
Mr.H.S.Sethi, Addl.A.G.Punjab, for respondent Nos.1 & 2.
Ms.Neha Jain, Advocate, for respondent No.3.
***** AUGUSTINE GEORGE MASIH, J.(ORAL) The petitioner has approached this Court praying for issuance of a writ of mandamus directing the respondents to consider her for selection and appointment for the post of Ayurvedic Medical Officer.
In pursuance to the advertisement dated 29.6.2010 issued by the respondents, inviting applications from the eligible candidates for filling up 133 posts of Ayurvedic Medical Officer by the Ayurvedic Department, Punjab, the petitioner applied for the same.
She has not been issued the appointment letter on the ground that she is not eligible as she has not completed the compulsory rotatory Civil Writ Petition No.7877 of 2012 (O&M) :2: internship prior to the last date of submission of the application, i.e., 26.7.2010.
Counsel for the petitioner contends that as per the advertisement dated 29.6.2010 (Annexure P-1).petitioner was required to possess a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery) or an equivalent degree from a recognised University or other teaching institution recognised by CCIM.
Petitioner passed the B.A.M.S.Examination on 13.4.2010.
The internship was completed by the petitioner on 29.4.2011 and thereafter the degree was awarded to her vide certificate Annexure P-3.
Counsel for the petitioner contends that there is no requriement of completing the internship prior to the last date of receipt of the application forMs.Therefore, contends that the writ petition deserves to be allowed with a direction to the respondents to consider the claim of the petitioner for appointment to the post of Ayurvedic Medical Officer and issue her the appointment letter.
Counsel for the respondents, on the other hand, submits that a similar matter has already been adjudicated upon by this Court in CWP No.3884 of 2011 (Dr.Sudhir Shyam & others Versus State of Punjab & others).decided on 1.6.2011 (Annexure R-1).wherein it has been held that the compulsory rotatory internship is an integral part of the training and a degree can only be conferred upon a candidate on completion of the same.
The said judgment passed by this Court would, therefore, be against the petitioner and the stand of the respondents stand vitiated.
Prayer has, thus, been made for Civil Writ Petition No.7877 of 2012 (O&M) :3: dismissal of the writ petition.
On considering the submissions of the counsel for the parties and on going through the judgment passed by this Court in Dr.Sudhir Shyam's case (supra).I am of the considered view that the case of the petitioner is covered against her by the said judgment.
In view of the above, finding no merit in the present petition, the same stands dismissed.
May 06, 2013 ( AUGUSTINE GEORGE MASIH ) ramesh JUDGE