ACHLESHWAR PRASAD GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has arisen in the following circumstances:- The appellant was appointed as Assistant Professor in Pediatrics vide order dated 21. 08. 1980. the appointment was to the Medical and Health Service (Collegiate Branch) of the State of Rajasthan, governed by Rajasthan Medical and Health Service (Collegiate Branch) Rules, 1962 (in short the Rules of 1992 hereinafter ). The post of Associate Professor under the Rules of 1962 is filled 100% by promotion. The criteria for promotion to the existing post is 50% on the basis of `seniority-cum-merit' and 50% `on merit'. Under Rule 24-A (5), the requirement for promotion form the lower post to next higher post or category in the State Service is that candidate must have at least 5 years of service unless a different period is prescribed elsewhere in the Rules. However, this criteria for five years services can be relaxed by the Committee in case of non-availability of the persons with the requisite service of five years if they fulfil the qualification and other conditions for promotion prescribed in the Rules and are found otherwise suitable for promotion on the basis of `seniority-cum-merit. '

(3.) THE principal contention was that promotion of Dr. Alok Purohit on merit quota over-looking the claim of the petitioner, who was senior to the respondent No. 2 was in violation of Article 14 and 16 of the Constitution.