RANJAN MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who is a Medical Teacher (Dental) has filed the present writ petition challenging the vires of Rule 56 of Rajasthan Civil Services Rules 1951 as amended vide notification dtd. 30/3/2018, whereby the age of superannuation has been increased from 62 years to 65 years only for Medical Teachers holding MBBS degree.

(2.) Brief facts necessary for adjudication of writ petition are as follows:

(3.) Learned counsel for the petitioner, Shri Rajeev Purohit submitted that the State Government, vide notification dtd. 30/3/2018 has unduly discriminated between the Medical Teachers, holding MBBS degree vis-à-vis those holding BDS Degree. It was further submitted that the notification has discriminated amongst two classes at par without rationale and in contravention of provisions of Rajasthan Medical Services (Collegiate) Rules, 1962 (hereinafter referred to as 'Rules of 1962'). The counsel also submitted that the Medical Teachers holding degrees of MBBS and BDS are recruited through a common mode of recruitment under the Rules of 1962 by the Rajasthan Public Service Commission. Further, the promotions of Medical Teachers both MBBS and BDS are carried out by a common DPC. Therefore, there is no distinction between the Medical Teachers holding degrees of MBBS and MD and those holding degrees of BDS and MDS according to the Rules of 1962 be it in terms of recruitment, appointment, promotions and conditions of service along with service benefits. The counsel urged that by excluding the Medical Teachers from the purview of increase in age of superannuation, vide notification dtd. 30/3/2018 as opposed the State Government has discriminated the petitioner and his peers vis-à-vis the Medical Teachers holding MBBS degree in violation of Article 14 of the Constitution of India and therefore, a direction is required to read down the impugned notification and to include the Medical Teachers holding degrees of BDS/MDS in its ambit and purview. In support of his contentions, the counsel placed reliance on judgment rendered by the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation v. Dr. Ramesh Naresh Sharma and Ors.