ANIL NAYYAR Vs. UNIVERSITY OF RAJASTHAN AND

JUDGEMENT

(1.) ALL these four writ petitions have been filed by the Doctors working as Civil Assistant Surgeons (CAS) in the Government of Rajasthan as members of the Rajasthan Medical & Health Service under Rules of 1963. ALL these Doctors are desirous of the selection for the Post Graduate i. e. MD/ms Courses conducted by the University of Rajasthan and to appear in Pre-P. G. Examination for that purpose as against the seats reserved under Clause (c) (for in service CAS Candidates) of the Ordinance 278-E of the University of Rajasthan which lays down : " (I) Total Number of Seats (II) Reservations. (III) Selection of Candidates. (IV) Eligibility for Admission. "

(2.) THE Writ Petition No. 1270 of 1993 has been jointly filed by 9 Doctors viz. Dr. Anil Nair, Dr. Ramesh Sharma, Dr. Subhash Bansal, Dr. Sandeep Sharma, Dr. Rahul Saini, Dr. Shrawan Chopra, Dr. Mahesh Chand Singhal, Dr. Ashok Kumar Jain & Dr. Mahesh Kumar Goyal.

(3.) ACCORDING to the averments made by the petitioners, all these petitioners are working as CAS Doctors in the service of Government of Rajasthan under the Rajasthan Medical & Health Service Rules, 1963 and all of them have been selected by the RPSC. Their grievance is that their candidature is not being entertained for the Pre-Graduate Entrance Examination for MS/md Courses/post Graduate Courses against the quota reserved for in service Doctors on account of the provisions contained in Ordinance 278-E of the University of Rajasthan and hence they have sought a declaration that the Ordinance 278-E of the University of Rajasthan be declared to be ultra vires of Articles 14 & 16 of the Constitution of India so far as it requires 5 years' experience of working as CAS Doctors after selection through RPSC. The grievance of the petitioners is that they have 5 years' experience of working as CAS although, they don't have such experience for a period of 5 years' after selection through RPSC The relevant portion of Ordinance 278-E of the University of Rajasthan he purpose of the case at hand are reproduced as under : - "o. 278-E (I) Total Number of Seats. Total number of seats subject-wise for various post-graduate courses of M. D. and M. S. will be as notified by the Principals/head of the respective institution. (II) Reservations. (c) 25% of the seats, after excluding the seats to be filled in as per allocations made by the Director General of Health Services, Govt. of India, New Delhi as mentioned in clause (a) above, shall be reserved for inservice candidates of Rajasthan State Medical Serviced in the various specialities as determined and fixed from time to time by the State Government out of which 8% seats shall be reserved for inservice natural born scheduled caste candidates and 6% for natural born scheduled tribe candidates. The State Government shall communicate such numbers of seats speciality wise to the Principals of the respective Medical Colleges. The remaining seats shall be called 'general Seats' and the unfilled seats from those reserved under Clauses (a), (b) and (c) above after exhausting the waiting list, shall be filled by the candidates of general category. (III) Selection of Candidates. (IV) Eligibility for Admission. All candidates seeking admission to M. D. and M. S. Courses should have obtained registration i. e. they must have completed satisfactorily one year's compulsory rotating internship after passing the final M. B. , B. S. examination and must have registration with the Rajasthan Medical Council. Further, (ii) For seats reserved for inservice candidates as referred for clause II (c) the candidates must have served the State i. e. the Government of Rajasthan continuously for more than 5 years after regular appointment under Rajasthan Medical and Health Services, Rules, 1963 and should be below the age of 45 years and should have completed at least 3 years of service in the rural area of the State of Rajasthan Rural area is defined as a Rural area where Rural allowance is admissible to the doctors and should have actually served in the rural area. "