STATE OF RAJASTHAN Vs. SHANTILAL JAIN

JUDGEMENT

(1.) The question for consideration in these two appeals is whether the creation of two cadres, consisting of Nursing Superintendent Grade I, Nursing Superintendent Grade II, Assistant Nursing Superintendent and Nursing Tutor (hereinafter called 'nursing cadre') and of Compounder Grade I, Compounder Grade II and Compounder Grade III (hereinafter called 'compounders cadre') under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter called 'rules') , is arbitrary and as such violative of Articles 14 and 16 of the Constitution of India.

(2.) The relevant facts are as under:

(3.) Shanti Lal Jain, in the second case, was appointed compounder Grade IV in 1955. He was confirmed as compounder Grade I in the year 1959 and in March 1966 when the Rules were enforced, he was holding the post of Sister Tutor on officiating basis. He also challenged the vires of the Rules on the grounds of Articles 14, 15 and 16 of the Constitution of India. Dwarka Prasad, J. dismissed the writ petition holding that creation of two separate cadres did not infringe the equality clause and also that there was no discrimination on the ground of sex. Both Sharma and Jain filed separate special appeals before a division bench of the Rajasthan High court.