2025:HHC:21633 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5821 of 2023 Date of Decision: 07.07.2025 __________________________________________________________ Dr. Subhash Chand …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 Yes. For the Petitioner: Mr. Sanjeev Bhushan, Sr. Advocate, with Mr. Arun Kaushal, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): By way of instant petition, petitioner has prayed for following main reliefs: “i. That the impugned Letter Dated 5/07/2023 (Annexure P-6) may kindly be quashed and set aside. ii. That respondents may kindly be directed to revive Petitioners order of regular appointment to the post of Professor in the orthopedics Department Of Pt. JLN Medical College, Chamba, H.P as they can be revived in exceptional circumstances and also on the ground of public interest. iii. That respondents may kindly be directed to decide the case of the petitioner for regular appointment to the post of Professor in the orthopedics department afresh.” 2. Precisely, the facts of the case, as emerge from the record are that petitioner herein, who was promoted as Professor in the year 2014 at VCSGGIMS&R, Srinagar (Garhwal), Uttarakhand, and worked 1Whether the reporters of the local papers may be allowed to see the judgment? 2025:HHC:21633 -2- there in afore capacity till 15.02.2020, applied for the post of Professor in the Department of Orthopedics, Pt. Jawahar Lal Nehru Govt. Medical College, Chamba, Himachal Pradesh (for short, ‘Pt. JLNGMC, Chamba’), pursuant to advertisement dated 17.11.2018 issued by Himachal Pradesh Public Service Commission (for short, ‘HPPSC’). Petitioner being eligible and only candidate, came to be recommended by HPPSC for the post of Professor in the Department of Orthopedics. 3. Vide appointment order dated 23.05.2019 (Annexure P-1), petitioner came to be appointed as Professor on regular basis in the Department of Orthopedics at Pt. JLNGMC, Chamba. Since petitioner failed to join/report within the stipulated time of 15 days, his appointment made vide order dated 23.05.2019 came to be cancelled. On 29.01.2020, petitioner made a representation to the Government of Himachal Pradesh for revival of his appointment order as Professor in the Department of Orthopedics at Pt. JLNGMC, Chamba, but since nothing favourable was heard from the respondent-department, petitioner again made another representation dated 07.03.2020 for revival of his appointment order dated 23.05.2019 as Professor, however, at that relevant time, he was advised to join as Professor on contract basis and since then, he has been working at Pt. JLNGMC, Chamba, in the capacity of Professor, but on contract basis. 2025:HHC:21633 -3- 4. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned Senior Counsel, duly assisted by Mr. Arun Kaushal, Advocate, representing the petitioner is that though petitioner had failed to join within the stipulated time of 15 days, but since Special Secretary (Health), Government of Himachal Pradesh, having taken note of explanation rendered on record by the petitioner qua his non-joining the post in question within stipulated time, had recommended to Additional Chief Secretary (Health) to the Government of Himachal Pradesh, for offering appointment to the petitioner, there was no occasion, if any, to appoint petitioner on contract basis, rather, ought to have been given regular appointment, pursuant to his selection, in terms of advertisement issued by HPPSC on 17.11.2018. 5. While making this Court peruse afore communication dated 18.03.2020 (Annexure P-2), Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner vehemently argued that there was acute shortage of staff at Pt. JLNGMC, Chamba and as such, taking note of representation filed by the petitioner, Special Secretary to the Government of Himachal Pradesh, while referring to department letter No.HFW-B(B)2-9/2019 dated 23.05.2019, read with Department of Personnel instructions No.Per-(AP)-C-B-(2)-2/2015 dated 09.09.2016, wherein it came to be ruled that offer of appointment which has been 2025:HHC:21633 -4- lapsed, should not ordinarily be revived later, except in exceptional circumstances and on grounds of public interest, recommended for revival of appointment of the petitioner, in terms of recommendation made by HPPSC vide letter dated 23.05.2019. However, HPPSC did not concur with the proposal given by Additional Chief Secretary (Health) to the Government of Himachal Pradesh vide communication dated 18.03.2020 (Annexure P-2). HPPSC, after examining the matter in detail, decided that it would not be appropriate to revive the offer of appointment at this belated stage. HPPSC pointed out in afore communication that since no extension in joining time was granted to the recommended candidate by the Department, nor any replacement was sought within the stipulated time, ground of public interest and exigency, sought to be taken by respondents/State may not be justified. Since despite there being recommendations made by Special Secretary (Health) to the Government of Himachal Pradesh, for revival of appointment order of the petitioner, pursuant to his selection made by HPPSC in terms of advertisement dated 23.05.2019, petitioner was not given appointment as Professor on regular basis, he has approached this Court in the instant proceedings, praying therein for reliefs, as have been reproduced hereinabove. 6. I have heard learned counsel representing the parties and gone through the record. 2025:HHC:21633 -5- 7. Admittedly, in the case at hand, petitioner pursuant to appointment letter issued by respondent/State vide order dated 23.05.2019, failed to join the Medical College in question within stipulated period of 15 days. It is also not in dispute that as per appointment order dated 23.05.2019 (Annexure P-1), petitioner herein was to give his joining within a period of 15 days. In the instant case, petitioner made a representation on 29.01.2020, praying therein for revival of his appointment order as Professor in the Department of Orthopedics at Pt. JLNGMC, Chamba, specifically stating therein that due to adverse family circumstances, whereby matrimonial proceedings were going inter se him and his wife and they were having estranged relationship, he was unable to join well within time. Though at first instance, Special Secretary (Health) to the Government of Himachal Pradesh, taking note of explanation rendered in the representation, coupled with acute shortage of faculty at Pt. JLNGMC, Chamba, forwarded the case of the petitioner to Additional Chief Secretary (Health) to the Government of Himachal Pradesh, for revival of appointment order of the petitioner, but afore authority further forwarded the case of the petitioner to HPPSC for consultation. HPPSC vide communication dated 22.07.2020 (Annexure R-2), apprised respondents/State that it would not be appropriate to revive the offer of appointment at this belated stage, because in the absence of extension in joining time, if any, granted to the recommended candidate by the 2025:HHC:21633 -6- department, coupled with the fact that no replacement was ever sought within the stipulated time, ground of public interest and exigency, sought to be taken, may not be justified. 8. Before considering merit in aforesaid stand put up at the behest of respondents, it is apt to take note of the fact that after receipt of representation dated 07.03.2020 made at the behest of the petitioner for revival of his appointment order, petitioner was appointed as Professor on contract basis at Medical College concerned and since then, he has been working as such in afore College. Appointment of the petitioner made on contract basis against the post of Professor in the Department of Orthopedics clearly suggests that services of the petitioner are very much required in the Department concerned. Though, post of the Professor in the Department concerned is available, but no steps, if any, has been taken, till date, by the respondents to fill up the same on regular basis. Probably, aforesaid inaction on the part of respondents is for the reason that at present, they are able to get the work done for the post of Professor in the Department of Orthopedics (Head of the Department) from the petitioner on a meager salary, whereas in the event of posting of the person on regular basis against the post in question, respondents may have to pay him/her regular pay- scale. 9. Since it is quite apparent from the record that till date, no person on regular basis has joined against the post of Professor in the 2025:HHC:21633 -7- Department of Orthopedics and petitioner is continuing there on contract basis, there appears to be merit in the contention of learned Senior Counsel representing the petitioner that in public interest, offer of appointment ought to have been revived in the case of petitioner, especially when there is nothing on record to suggest that after non- joining of the petitioner, pursuant to appointment made vide order dated 23.05.2019, steps, if any, were ever taken by the respondents to re- advertise the post. 10. No Department of a Medical College can be run or managed without there being teaching faculty. As per own case of the respondents, petitioner has been working as Professor in the Department of Orthopedics for more than five years, but on contract basis, despite his being selected on regular basis vide appointment order dated 23.05.2019 (Annexure P-1). Moreover, this Court is persuaded to agree with Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner that there was no requirement, if any, for respondent- Department to consult HPPSC for revival of appointment order of the petitioner, especially when on account of his non-joining, in terms appointment order dated 23.05.2019, no fresh advertisement, thereby inviting applications for the post in question, was issued. Had petitioner approached respondent-Department for revival of his appointment order after issuance of re-advertisement, if any, issued by HPPSC, respondent-Department was well within its right to consult HPPSC, but 2025:HHC:21633 -8- once post recommended to be filled by the petitioner never came to be advertised, rather, prior to that, petitioner made request for revival of his appointment order, matter, if any, was totally inter se petitioner and respondent-department and there was no requirement, if any, to consult HPPSC, who otherwise after having recommended the case of the petitioner pursuant to his selection made in terms of advertisement dated 23.05.2019 had no role to play in issuing appointment letter. 11. Reply filed by respondents though suggests that after a lapse of eight months w.e.f. 23.05.2019 to 29.01.2020, petitioner represented to Government of Himachal Pradesh vide representation dated 29.01.2020, but with justifiable reasons, as have been taken note hereinabove. As per Department of Personnel instructions dated 09.09.2016, no extension can be given after six months, but in exceptional circumstances, matter can be considered in consultation with the HPPSC. It appears that in light of afore instructions, issued by Department of Personnel dated 09.09.2016, coupled with the exceptional circumstances, as emerged in the case of the petitioner, Additional Chief Secretary (Health) to the Government of Himachal Pradesh, took-up the matter with HPPSC, which merely taking note of the fact that no extension was granted to the petitioner for joining, proceeded to conclude that there is no justifiable ground to conclude public interest or exigency, however, as have been taken note hereinabove, ground of public interest, which was very much in existence at the time of making 2025:HHC:21633 -9- representation by the petitioner, still exists on account of the fact that more than five years have passed, but till date, respondents have not been able to fill-up the post of Professor in the Department of Orthopedics on regular basis, rather, they with a view to run the Department, offered appointment to the petitioner on contract basis in the year 2020 itself and since then, he is continuing as such on contract basis. Non-availability of regular teaching faculty in Medical College is itself an exigency and in that event, respondents ought to have considered the case of the petitioner for revival of appointment order, issued in favour of the petitioner by citing public interest. 12. If the letter dated 18.03.2020 (Annexure P-2), addressed to Secretary, HPPSC, Shimla, regarding considering the case of the petitioner for the post of Professor (Orthopedics), is read in its entirety, it itself suggests that there was public interest. In aforesaid communication, HPPSC came to be apprised that Government after making an attempt to fill-up the posts through promotion, sent the unfilled posts of faculties to HPPSC under ‘failing which’ clause. Unfilled posts of faculties of Pt. JLNGMC, Chamba, were sent three times to the HPPSC under ‘failing which’ clause, but the results were very unsatisfactory, because very few people shown their willingness for Pt. JLNGMC, Chamba. Most importantly, in afore communication, HPPSC came to be apprised that Medical Council of India, while carrying out inspection at Pt. JLNGMC, Chamba, found that there was 19.6% deficiency of 2025:HHC:21633 -10- faculties, which is quite alarming. It is strange that aforesaid reason cited by Special Secretary (Health) to the Government of Himachal Pradesh was overlooked by HPPSC, while concluding that ground of public interest and exigency would not be justified. Nothing more could be justifiable to conclude public interest. 13. Very fact that there is a deficiency of 19.6% of faculty at relevant time is itself a reason to conclude public interest and exigency, but ignoring such fact, HPPSC, in most mechanical manner, proceeded to advise Government of Himachal Pradesh to made fresh requisition to Commission for recommending the candidate, which, till date, has not been done. For more than 5 years, Department of Orthopedics is being run on contract basis, which otherwise is a very sorry state of affairs. This Court cannot lose sight of the fact that there is acute shortage of Doctors in the State of Himachal Pradesh, if it is so, no prejudice, if any, would have been caused to either of the parties in case prayer made on behalf of the petitioner for revival of his appointment was considered by the respondent-department. 14. Otherwise also, petitioner, may be in the capacity of contractual employee, has been continuously discharging the duties of Professor in the Department of Orthopedics for more than five years and his case for regularization was recommended by Director, Medical Education & Research, as is evident from the communication dated 20.06.2023, addressed to Secretary (Health) to the Government of 2025:HHC:21633 -11- Himachal Pradesh (Annexure P-5). Even in afore communication dated 20.06.2023, Director apprised Secretary (Health) to the Government of Himachal Pradesh that Pt. JLNGMC, Chamba, is having deficiency of faculty in Orthopedics Department, but yet, ignoring aforesaid important aspect, Secretary (Health) to the Government of Himachal Pradesh, vide communication dated 05.07.2023 (Annexure P-6), rejected the proposal of the petitioner for regularization of his services. Interestingly, in aforesaid communication, reason cited is that proposal is contrary to the provisions of R&P Rules/instructions of the Government, which stand is totally absurd, especially when it is not in dispute that petitioner was offered appointment against the post of Professor, on the basis of recommendations made by HPPSC, which otherwise could not have recommended petitioner for post in question, ignoring R&P Rules occupying the field. 15. Consequently, in view of the above, this Court finds merit in the present petition and accordingly the same is allowed. Impugned letter dated 05.07.2023 (Annexure P-6) is quashed & set-aside. Respondents are directed to revive the order of appointment dated 23.05.2019 (Annexure P-1) against the post of Professor in the Department of Orthopedics at Pt. JLNGMC, Chamba, in public interest. Since petitioner has never worked against the post in question on regular basis, rather on contract basis, he shall not be entitled to regular pay- scale of the post in question till his joining the afore post on regular 2025:HHC:21633 -12- basis. Since petitioner has been fighting for his rightful claim for quite long, this Court hopes and trusts that needful in terms of directions contained in the instant judgment, shall be done expeditiously, preferably, within a period of four weeks. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge July 07, 2025 (Rajeev Raturi)