N C MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner passed the M.S. (General Surgery) examination in April 1960 and entered the service of the Rajasthan State as Civil Assistant Surgeon in May 1960. He held that post on a substantive basis when he was appointed Civil Assistant Surgeon -cum -Tutor in surgery for the periods mentioned by him, and then as Lecturer in surgery from September 16, 1965 to July 30, 1967. At that time the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 were in force. He was appointed as officiating Reader in surgery in the Medical College at Bikaner, for a period of one year, by an order dated July 20, 1967. Similar appointments were given to some of the respondents. The petitioner took over charge as officiating Reader on August 1, 1967, but the Government amended that order on August 16, 1967 and made the petitioner an officiating Lecturer. He challenged that order by writ petition No. 150 of 1968 which was allowed by a learned single Judge on July 22, 1968. The petitioner therefore continued to work as a Reader.

(2.) THE State Government promulgated the Rajasthan Medical Service (Collegiate Branch) Special Selection Rules, 1968, hereinafter referred to as 'the Rules of 1968', on February 23, 1968, and it was specifically provided in Rule 1(3) that they shall if main in force for a period of one year. It is not in dispute that the period of operation of the Rules of 1968 was extended up to January 31, 1970 by a subsequent amendment.

(3.) THE State Government accordingly reconvened the Board on December 2 and 3, 1970. On receipt of its recommendations, the Government issued order Ex -2 dated January 7, 1971 appointing respondents Nos. 3 to 13 as Readers in surgery and the petitioner and Dr. G.S Ghalot, respondent No. 14, as Lecturer in Surgery. The same day, a corrigendum (Ex -2) was issued by which the portion relating to the appointment of the petitioner and Dr. G.S. Ghalot as Lecturer was deleted altogether. The petitioner was relieved of the post of Reader on January 25, 1971 and was asked to await orders. He represented his case to the Government and was posted as officiating Reader in Surgery by order Ex -5 dated March 16, 1971, with effect from March 1, 1971, along with respondents Dr. G.S. Ghalot. It was stated that the appointments were temporary, for a period of six months, or until candidates selected by the Departmental Promotion Committee/Rajasthan Public Service Commission were available, whichever was earlier.