V S CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the order of the learned Single Judge dated January 9, 1985 whereby, the learned Single Judge upheld the preliminary objection raised by the respondents that the writ petition is pre-mature.

(2.) WE may state a few relevant facts. Two posts of Lecturer in Bio-chemistry WEre advertised by the Rajasthan Public Service Commission (for short 'the RPSC') vide advertisement No. 3/82/83 dated July 14, 1982. The petitioner and respondent No. 3 Amarsingh Rathore and one Dr. R. C. Gupta applied for the post. Shri Amarsingh Rathore and Dr. R. C. Gupta WEre selected. The RPSC published a list of the selected candidates on February 16, 1983. It may be Stated that the petitioner - appellant was holding a post-graduate degree of M. D. in Bio-chemistry, which was obtained from the faculty of Medicine, University of Rajasthan. He entered his services in the Government of Rajasthan as Senior Demonstrator of Physiology on January 17, 1974. That appointment was on temporary basis. The post-graduate degree was obtained by him in 1975, thereafter, the petitioner was given regular appointment on the post of Senior Demonstrator after having been selected by the Rajasthan Public Service Commission. . Subsequent thereto, the petitioner was promoted on the urgent temporary basis to the post of Lecturer in Bio-chemistry. Due to selection of Dr. R. C. Gupta and Amarsingh Rathore, he apprehended his reversion from the post of Lecturer. The petitioner, therefore, challenged the selection of Shri Amarsingh Rathore (respondent No. 3) on the ground that respondent No. 3 was not holding the requisite qualifications.

(3.) THE question that emerges for consideration in the facts and circumstances of this case, is as to whether the petitioner can maintain the petition, when the selections have been made by the RPSC and the selections list has been published and the recommendations have been sent to the Government, but the Government has not acted on the recommendation i. e. the Government has not issued any appointment orders so far. THE question is as to whether the selections are open to challenge on the ground of in-eligibility, when the appointments are not given by the Government. THE relevant Rules are the Rajasthan Medical Service (Collegiate Branch) Rules, 1962. By these Rules, the Rajasthan Medical Service (Collegiate Branch)has been constituted and all recruitments have to be made in accordance with these Rules. Part IV deals with the procedure for direct recruitment and Part V deals with the procedure for recruitment by promotion. For direct recruitment, the applications are invited through the RPSC For scrutiny of applications, the relevant rule is Rule 19, which reads as under :- "19. Scrutiny of applications-THE Commission shall scrutinise the applications received by them and require as many candidates qualified for appointment under these Rules as seem to them desirable to appear before them for interview; Provided that the decision of the Commission as to the eligibility or otherwise of a candidate, shall be final. "