Dr. Jaimeet Kaur Mehar v. Union of India & Ors

DEEPA SHARMA, J

S. RAVINDRA BHAT, J SEPTEMBER 21, 2015/sapna

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on: 09.09.2015 % Decided on: 21.09.2015 DR. JAIMEET KAUR MEHAR ..... Petitioner Through: Mr.Ankur Chhibber, Advocate versus UNION OF INDIA & ORS. ..... Respondents Through: Dr.Ashwini Bhardwaj, Advocate Mr.Piyush Kumar, Rep. of ADG (Medical), CRPF Mr.S.S.Sejwal, Law Officer, CRPF Mr.B.K.Raut, Pairavi Officer, CRPF CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MS. JUSTICE DEEPA SHARMA 1. The petitioner, a senior Medical Officer (Assistant Commandant) has invoked the jurisdiction of this Court under Article 226 of Constitution of India, for quashing the signals dated 20.09.2013 and 30.09.2013 whereby her request to appear in Post Graduate Entrance Exam 2014 was turned down. She has also sought our indulgence for Page 2 quashing Para g Sub Clause (II) of Policy dated 01.03.2012, which makes three years of field service mandatory for study leave. 2. In brief, the case of the petitioner is that a policy (Standing Order No. 2/2009) was framed by respondents to allow leave to pursue higher studies to all Medical Officers who had completed 5 years of service in CRPF (in consonance with Rule 50(5) Sub Clause 5 of the CCS (Leave) Rules). She joined CRPF on 25.04.2005 and worked as Medical Officer (Assistant Commandant) at GC Greater Noida and promoted to the post of Senior Medical Officer on 25.04.2009. She was transferred to Sri Nagar and worked there from September 2009 to March 2011, when she was posted to Neemuch. She first applied for Post Graduate Medical Entrance Examination 2012 vide her application in 2011 and she was permitted but she could not join it. She again applied for permission to appear in Post Graduate Medical Entrance Examination, 2014 vide application dated 26.06.2013, which was forwarded by DIG (Pers) to ADG (Medical) vide its letter dated 11.07.2013. ADG (Medical) vide letter dated 01.08.2013 asked her to intimate her choices of Post Graduate Course and she vide her letter dated 05.08.2013, sent the choices of Post Graduate Courses. She however was denied permission to appear in Post Graduate Medical Entrance Examination, 2014 for the reason that she had not completed three years mandatory field service (PG). 3. The petitioner made a fresh representation requesting to treat her tenure at Neemuch Composite Hospital as field service on the grounds that her postings were not in her hand and she should not be put to disadvantage for the act of the respondent who choose not to post her in Page 3 field area for more than 1 ½ years during her 8 ½ years of service with them and relied on order of this Court in W.P. (C) No. 21900/2005 in case of Ashok Kumar vs. Union of India & Ors wherein by order dated 27.10.2009, the Court had struck down the requirement of two years of mandatory service as a Dy. Commandant in duty Battalion or Regiment Commandant in BSF Artillery as an eligibility criteria for the next higher promotion on the ground that the officer cannot be denied promotion on the ground for which he could not be faulted. Pursuant to this order, the respondents had, vide order dated 04.07.2012, issued instructions for waiver/relaxation of mandatory requirement of field service for those officers. It is not contended that the same principle is applicable in her case also. It is further contended that while the posting at Delhi (which has all the facilities) is considered field service, the posting at Neemuch (where work load is more and which cater three training institutes and have scanty facilities) is not considered as field service. Prayer is made that her posting at Neemuch be considered as field posting. 4. The respondents filed counter affidavit which disclosed that the petitioner was posted in 79 Battalion (J&K) i.e. field area on 11.09.2009, and at her own request (domestic reasons- having daughter of 2 ½ years of age and being in family way) she was transferred to CH Neemuch on 07.03.2011 where her husband was posted.