JAGDISH JUGTAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the above mentioned writ petitions are being decided by this common order as in both of them identical questions of law and facts are involved. S. B. Civil Writ Petition No. 2117/1991

(2.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 27. 4. 1991 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to treat the qualification of M. D. in Pathology possessed by the petitioner as the requisite qualification, as per Notification Annex. P/15 dated 29. 12. 1987 by which amendment in Schedule-I appended to the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (hereinafter referred to as "the Rules of 1962") was made, for the purpose of promotion to the post of Assistant Professor (Lecturer) in the Forensic Medicine till the facility of M. D. in Forensic Medicines is available in any of the Colleges in the State of Rajasthan, with all consequential benefits and the respondents be further directed to fill-in up the six vacancies only by way of promotion quota etc. etc.

(3.) NOW the case of the petitioner is that because of the amendment made in the Schedule-I appended to the Rules of 1962, whereby for promotion to the post of Lecturer/assistant Professor in Forensic Medicine the persons working as Senior Demonstrator in the speciality of Forensic Medicine were duly qualified and since the petitioner was performing the duties of Senior Demonstrator in the Department of Forensic Medicine since 1981, therefore, promotion to the post of Lecturer/assistant Professor in Forensic Medicine be made available to him and requirement of possessing degree of MD in Forensic Medicine should be dispensed with in the cases of the persons like the petitioner because at the time when he was registered for the degree of MD (Pathology), the degree of MD (Pathology) was considered equivalent to the degree of MD (Forensic Medicine) and furthermore, since Rules of 1962 have been framed by the Governor of Rajasthan under Article 309 of the Constitution of India and by virtue of Schedule-I appended to the Rules of 1962, as quoted above, a declaration be made to the effect that in the case of persons working as Senior Demonstrators in the Department of Forensic Medicine for a very long time, the requirement of possessing a degree of MD in Forensic Medicine be dispensed with and the degree of MD (Pathology) should be treated as equivalent to the degree of MD (Forensic Medicine ).