HAMINDRA SHANKAR ANDLEIGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India by two teachers of S. M. S. Medical College, Jaipur. They have prayed for an appropriate writ quashing the order of appointment of Dr. Tej Prakash Bharadwaj as Professor of Pathology in the S. M. S. Medical College, Jaipur.

(2.) CIRCUMSTANCES which have given rise to this controversy as are available from the pleadings and documents of the parties may be briefly stated. Dr. R. K. Goyal, the then permanent incumbent of the post of Professor of Pathology in the S. M. S. Medical College, Jaipur was to retire on 3rd May, 1959. To fill the ensuing vacancy the Rajasthan Public Service Commission (hereinafter called "the Commission") issued an advertisement inviting applications upto 22. 4. 1959. In this advertisement the qualifications required were a postgraduate degree in Pathology and teaching experience of 5 years as a reader or lecturer in Pathology in a medical college. The age limit prescribed was 45 years relaxable up to 48 years. In response to this, it appears only three applications were received. They were from the two petitioners before us Dr. Andleigh and Dr. Sarin and one Dr. (Miss) Patil. The Commission wrote to the Government on 27th May, 1959 that the response to the advertisement was inadequate; Dr. Miss Patil being over-age and Dr. Sarin being out of India and enquired whether it was proposed to make a departmental promotion or re-advertise the post relaxing the age limit in order to attract more candidates. The Commission further informed the State Government that if departmental promotion was the course to be adopted the service records of the petitioner, Dr. Andleigh and Dr. Sarin might be sent by the State for scrutiny. It appears that the State of Rajasthan ascertained the views of Dr. R. K. Goyal, Retired Professor of Pathology, S. M. S. Medical College; Jaipur, Dr. R. M. Kasliwal, Principal and Controller, S. M. S. Medical College. Jaipur and Dr. B. N. Sharma, Director, Medical and Health Services, Rajasthan, regarding the work of the petitioner No. 1 Dr. Andleigh. These reports which are on record were extremely unfavourable to Dr. Andleigh. Presumably, therefore, the Commission issued another advertisement inviting applications for the post of Professor of Pathology for S. M. S. Medical College, Jaipur. According to this advertisement, the applications were to reach by the 24th November, 1959. The qualifications required were the same as in the earlier advertisement, but the restriction of age limit was eliminated and it was mentioned that retired persons might be taken on contract basis. This advertisement added that those who had already applied need not apply again. In answer to the second advertisement four fresh applications were received. The Commission assisted by Dr. Manglik, as an expert on the subject, interviewed on 15th January, 1960 the petitioners and a candidate from Amritsar. Another interview followed on the March, 1960 in which three applicants appeared. According to the Commission Dr. Tej Prakash Bharadwaj, the respondent No. 4 (hereinafter referred to as Dr. Bharadwaj) topped the list in order of preference, Dr. Sarin was placed fourth and Dr. Andleigh last. The Commission accordingly recommended to the Government that Dr. Bharadwaj be appointed Professor of Pathology.

(3.) SEC. 30 of the University Act enjoins that every college shall satisfy the University that the number and qualifications of its teaching staff in each subject are adequate, and in accordance with the rules prescribed by the University. The material portion of Ordinance 65 reads: - "the following shall be the minimum qualifications for teachers of various stages of University education: - FACULTY OF MEDICINE, PHARMACEUTICS & VETERINARY SCIENCE. (M) For teachers in Medical Colleges for M. B. B. S. Course; - II. Anatomy, physiology, pathology including Bacteriology: 1. Professor or Additional Professor: Post-graduate degree of a recognised University or an equivalent post-graduate diploma in respective subject, with experience of teaching the subject for 5 years to upper-graduates. 2. Reader or Asstt-professor: Post-graduate degree of a recognised Uni versity or an equivalent post-graduates diploma in respective subject, with experience of teaching the subject for 3 years to under-graduates. 3. Lecturer: Post-graduate degree of a recognised Univer sity or an equivalent post-graduate diploma in respective subject. 4. Tutor: M. B. , B. S. of a recognised University with experience of teaching the subject for 2 years. 5. Demonstrator: M. B. , B. S. of a recognised University