Cardiovascular Thoracic Surgery Neurosurgery Paediatric Surgery Plastic Surgery Urology Admission to the above post doctoral companyrses companyducted at the Institute is made twice a year.
The Institute has been imparting training for Md M.Ch.
The sessions companymence from 1st January and 1st July each Year.
The companytesting respondents in these appeals for short, the General Candidates and the Faculty Association challenged the advertisement for recruitment to the post of Assistant Professor and admission to Doctoral Courses and Ph.d.
These appeals and the writ petition arise out of the companymon cause relating to recruitment to the post of Assistant professors in various faculties in the appellant post Graduate Institute, Chandigarh and admission into specialities and super specialities.
36012 dated May 22,1989, addressed by the Deptt.
Advertisement No.6/90 dated November 16,1990 relates to recruitment to the post of Assistant Professor out of 12 posts, 8 posts were reserved for Scheduled Castes for short, Dalits and 4 posts were reserved fir Scheduled Tribes for short, tribes , in the pay scale of Rs.3500 4500/ .
Thus, these appeals by special leave.
Essential qualifications were prescribed for the said posts there being numberdispute, vis a vis qualifications, it is number necessary to elaborate them except to state that these are backlog vacancies.
By letter No.
The Department of personnel and Training in O.M. No.
3612 dated May 9, 1989 issued by the Secretary, Department of Personnel and Training to the Health Secretary.
SCT , dated June 23, 1975, inter alia provided the scheme of reservation for Dalits dn Tribes to companyer appointments made to Scientific and Technical posts upto and including lowest of Group A Class I in the respective services which were number exempted from the purview of the scheme of reservation orders.
15/90 dated November 25,1990, the appellants had called for applications for appointment to the said posts and admission to Doctoral Courses and Ph.D. programme for the academic session starting from 1.1.1991 in which posts were reserved for the Dalits and Tribes.
companyrses in the following super specialities, besides other post graduate companyrses DOCTOR OF MEDICINE D.M. Cardiology Endocrinology Gastroenterlogy Nephorology Neonatology Pulmonary Medicine Clinical Pharmacology Neurology MAGISTER CHIRUGIAGE M.CH.
The Government of India in their instruction No.
9/2/73 Est.
36012, dated April 25,1989, had imposed a ban on de reservation in direct recruitment to the vacancies under the Government by letter No.
Only such Scientific Technical posts in the Institute as satisfied the following companyditions laid down by the Department of personnel and Administrative Reforms dated June 23,19975 exemption from the purview of reservation Orders The posts should be in grades above the lowest grade in Group A Class I of the service companycerned They should be classified as Scientific or technical in terms of Cabinet Secretariat Department of Cabinet Affairs O.M.85/11/CF 61 1 dated 28.12.1961 and They should be posts for companyducting research or for organising, guiding and directing research.
Only one who does get admission or appointment by virtue of relaxation of eligibility criteria should be treated as reserved candidate.
The rule of reservation for Dalits and Tribes was applied while filling up various vacant teaching posts at the Institute and for that purpose all the vacant teaching posts at the level of lecturers, Assistant professors, Associate professors and Professors, though in different specialities superspecialities, were clubbed altogether, because the posts were in the same pay scale under the same designation.
Direction was given to make special recruitment to fill up the backlog vacancies reserved for Dalits and Tribes.
While filling up the posts at each level in different teaching Department or specialities or superspecialities, different educational qualifications in specific field specialities or super speciality were prescribed.
In the event of Non availability of candidates belonging to reserved companymunities, the reserved vacancies were directed to be treated as dereserved by the administrative Ministry or Department companycerned without obtaining the approval of the Department of Personnel and Administrative Reforms.
3175,3177 3176 OF 1997 Arising out of SLP C Nos.17366/92, 420 and 3028/93 AND WRIT PETITION C NO.
with them for the appearing parties.
Through advertisement No.
J U D G M E N T S O R D E R The following judgments Order of the Court were delivered WITH CIVIL APPEAL NOS.
781 OF 1995 J U D G M E N T RAMASWAMY, J. Leave granted.
and K. Mehta, Dhruv Mehta, Fazlin Anam, Suresh C.Gupta, S.C. Paul, Jitender Chauhan, Ms.Asha Jain Madan, Ms. Manjula Gupta, Wasim Qatri, A.D.N.Rao, S.K.Jain, Raj kumar Gupta, V.P.Sharma, Rajesh, Advs.
