AJAY SRIVASTAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These matters have come up before us on the basis of order dated 28-8-2002 passed by the Division Bench whereby the following questions of law of considerable importance have been referred as also the appeals as a whole :-

(2.) Learned single Judge by his common judgment and order dated 11-6-2002 had decided 44 writ petitions. 28 appeals at hand arise out of the aforesaid order dated 11-6-2002. Briefly stated, these cases involve dispute between doctors and doctors. On one side, there are inservice doctors and on the other side, there are non-service doctors who are fresh medical graduates but both the categories of doctors are desirous of prosecuting the post graduate courses i.e. M.D./M.S. and Post-graduate Diplomas in various specialities. For the purpose of admission to these PG courses, 25% of the total seats are to be filled in as per the allocation made by the Director General of Health Services, Government of India; 50% of the remaining 75% seats are exclusively reserved for inservice candidates (Doctors) of Rajasthan State Medical Service in the various specialities as may be determined and fixed from time to time by the State Government, out of which 8% seats are to be reserved for inservice natural born scheduled caste candidates and 6% seats are to be reserved for inservice natural born scheduled tribe candidates as per the roster system to be notified by the State of Rajasthan, from time to time and the State Government has to communicate such number of seats in the respective specialities to the Principals of the respective Medical Colleges and the Convener, Central P.G. Admission Board, which takes up the exercise for admission on the basis of result of the Pre-P.G. Test. The remaining 50% out of the 75% seats are called general seats, 8% of which are reserved for natural born SC candidates and 6% of which are reserved for natural born ST candidates to be filled by roster system notified by the State Government. It has also been provided that all inservice doctors (Senior Demonstrators) selected by the R.P.S.C. are to be allowed automatic registration for post graduate seats in the same subjects in which they are selected.

(3.) While the requirements i.e. eligibility for appearing in the Pre-P.G. Medical Examination for simple medical graduates i.e. who have passed final MBBS examination is that they must be registered with the Rajasthan Medical Council, the same in respect of inservice candidates are as under : For in-service candidates, the candidate should be duly selected medical officer by RPSC for the post of Civil Assistant Surgeon under the Rajasthan Medical and Health Services Rules, 1963, should be below the age of 45 years and should have completed at least 3 years of service in Rural areas of the State of Rajasthan or two years of continuous service of Rural areas of Desert, Hilly or Tribal parts of the State; the Rural area is defined as a rural area where Rural allowance is admissible to the doctors who should have actually served in the rural areas. Application forms for such in-service doctors for Pre-P.G. Medical Examination have to be made only through the Director of Medical and Health Services with the certificate of rural experience, any application received without the certificate of rural experience and/or without the signatures of the Director of Medical and Health Services is not to be entertained, and no application of in-service candidates shall be entertained by the University for such examination, if sent directly.