Dr. Ram Bhagat Verma vs Haryana Public Service Commission

Rajiv Narain Raina, J.—The candidature of the petitioner for the post of District Ayurvedic Officer (Group-B) in Ayush Department,

Haryana has been rejected by the Haryana Public Service Commission in the recruitment process to fill up 4 temporary posts on the ground that

the petitioner does not have the requisite experience as per the service rules. The reason for not calling the petitioner for interview is contained in

the impugned letter dated 9.7.2012 (Annexure P-2). The petitioner is a BAMS doctor who runs his own 10 bedded hospital known as Verma

Hospital in Arjun Nagar, Kaithal. He is a member of the Indian Medical Association, Kaithal. Against the rejection of his candidature, the

petitioner filed a representation which has been turned down vide the impugned order dated 13.9.2012.

Heard Mr. Kartikeya and Mr. Mehtani, the learned counsel for the parties.

The only question which arises for consideration is whether the petitioner has the requisite experience as laid down in the rules under essential

qualifications. In the advertisement issued by the respondent Haryana Public Service Commission, the essential qualifications laid down are as

follows:--

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 year experience as Ayurvedic Medical Officer/Unani Medical Officer in a Dispensary/Hospital run by Government or any reputed or well

organized private agency after attainment of minimum basic qualifications.

iii) Knowledge of Hindi/Sanskrit upto Matric standard.

(underlined for emphasis)

The minimum experience required as Ayurvedic Medical Officer-Unani Medical Officer is 8 years in a dispensary or hospital run by the

Government or experience earned in any reputed or well organized private agency. Mr. H.N. Mehtani appearing for the Commission defends the

action of not calling the petitioner for interview for the reason that his experience cannot be considered an experience gained in an ''organization''.

Therefore, the hospital run by the petitioner is not an ''organization'' since an ''organization'' means a group of people formed into a society, union

or especially a business. It is not disputed that the petitioner is a BAMS doctor who runs his own hospital. Mr. Mehtani points out to para 5 of the

Commission''s written statement which reads as follows:--

That it is most humbly submitted that the Hospital being run by the Petitioner cannot be considered a well organized private agency

Organization"" means a group of people formed into society, union or especially a business. Therefore, it is humbly submitted that the said Hospital

being run by the Petitioner cannot be ''considered a reputed or well organized Private Agency"". There is no illegality or infirmity in the letter

Annexure P-2 sent to the Petitioner. Since the Petitioner did not possess requisite experience as per service Rules, therefore, he could not be

called for interview.

It is hard to discern from the recruitment rule reflected in the advertisement from where the Commission has imported the concept of ''organisation''

into the case and introduced it in its defence in the written statement. All that is required for experience is if it has been earned in a reputed or ''well

organised private agency''. There is a vast difference between the words ''organized'' and ''organization'' in their shades of meaning read in the

context of the recruitment rules. It is not canvassed before me that the medical facility run by the petitioner is not well organized or was found not

well organized on inspection or in the process of verification. Therefore, the experience earned through self-employment is not excluded from the

essential qualifications.

The dictionary meaning of word ''organization'' is a body of persons organized for same end or work; organic structure; composition, that which

is organized, the administrative personnel or apparatus of a business. The word ''organized'' according to Webster''s Encyclopedic Unabridged

Dictionary of the English Language means, to form as or into a whole, consisting of interdependent parts, esp. for harmonious or united action, to

systematize, to give organic systematic structure or character to; to assume organic structure.

It is not possible to read the word ''organization'' as suggested by Mr. Mehtani in replacement of the words ''well organized private agency''.

The word ''agency'' used in the Rule of Recruitment would refer to the medium from which experience flows. The hospital run by the petitioner may

easily fall in the expression ''well organized private agency''. The petitioner asserts that he is a well known Ayurvedic Doctor of Kaithal who runs a

well organized 10 bedded hospital with OPD and IPD facilities. This has also been certified as true by the Indian Medical Association, Kaithal

(2012) by their letter dated 12.7.2012.

A private practitioner with 8 years experience in the medical line of Ayush gained in his own hospital, clinic etc. would most certainly be qualified

for the post. Experience is experience. There are no degrees of experience here and can be earned both in dispensaries or hospitals run by

Government and/or in private institutions of repute. The words ''reputed'' and ''well organized'' have not been defined in the Rules nor in any other

document produced before this Court. In any case, the words ''repute'' and ''well organized private agency'' would have to be given their ordinary

meaning at the level of a village, town, city or metropolis with different shades of meaning and the geographic size of reputation.

For the foregoing reasons, the impugned orders are not capable of being sustained. The interpretation placed by the Commission is incorrect.

Accordingly, the writ petition is allowed, the impugned orders (Annexure P-2 and P-4) are quashed. A direction is issued to the respondents to

treat the petitioner as having requisite experience for the post of Ayurvedic Medical Officer and to call him for interview within one month after the

receipt of a copy of this order and to declare his result accordingly. In case, he makes it on merit, appointment be offered to him in accordance

with law. The petitioner would have costs of litigation assessed at Rs. 10,000/- for apparent wrong-doing in public office by public officers,

recoverable from the official wrong doer found responsible for passing the impugned order leading to colossal wastage of judicial time culminating

in this order.