BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these special appeals raise common questions relating to the validity of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter reffered to as 'the Rules' ).

(2.) THE Rules have been made by the Governor of Rajasthan, in exercise of the power conferred on him by the proviso to Article 309 of the Constitution of India, for the purpose of regulating the recruitment to the posts in and the conditions of service of persons appointed to the Rajasthan Medical and Health Subordinate Service ( hereinafter referred to as 'the service'). The Rules were published in the Rajasthan Gazette dated 16th March, 1966 and they came into force with effect from that date. Rule 4 of the Rules relates to composition and strength of the Service and the said rule, as originally framed, laid down that the Service shall consist of eight groups specified in the Schedule to the Rules. The number of groups specified in the Schedule to the Rules was subsequently increased and Rule 4 was also correspondingly amended. The said Rule further provides that the right of promotion shall be confined to each group except to the extent specified in the Schedule. In the Schedule to the Rules, as originally enacted, there were eight groups i.e. Groups 'A' to 'H'.

(3.) SISTER Tutor's course passed and ten years experience out of which four years should be as Sister Tutor and three years as Assistant Matron or at an equivalent, post. For the purpose of promotion, it was necessary to have two years service as Assistant Matron. For the post of Matron Gr. I, it was provided that the recruitment should be made 50% by direct recruitment and 50 by% promotion from the post of Matron Gr. II. The qualifications that were prescribed for direct recruitment were R.N.C.R. or its equivalent qualification recognised by Government, Registered 'A' grade Nurse, Sister Tutor course passed and twelve years experience out of which four years must be as Sister Tutor and three years as Matron Gr. II or at an equivalent post. For promotion, it was necessary to have three years service as Matron Gr. II.