(1.) BY the instant writ petition, the petitioner has initially challenged the selection of respondent No.3 & 4 (Dr. Sudhir Mehta & Dr. Rajiv Bagarhatta) against the vacancies of the year 1990-91 for the post of Lecturer in General Medicine and to direct the respondent Rajasthan Public Service Commission to accordingly amend the result of the selection of the year 1990-91. The petitioner has further sought consequential direction of appointment to the said post against the year 1990- 91 with seniority.
(2.) THE facts in brief of the case are that the petitioner has filed the present writ petition initially challenging the eligibility of Dr. Sudhir Mehta and Dr. Rajiv Bagarhatta (respondent No.3 & 4 in the original writ petition) on the ground that these two private respondents were not eligible for appointment against the vacancies of the year 1990-91 to the post of Lecturer (General Medicine) on account of not completing the post-graduation degree i.e. M.D. in General Medicine upto 1.4.1990. Subsequently, an application was filed on 8.5.2006 for deleting the names of Dr. Rajiv Bagarhatta - respondent No.4, Dr. S.K. Sharma - respondent No.5 and Dr. Shiv Charan Jelia - respondent o.6 and the same was allowed on 11st May, 2006 along with another application of adding Dr. Prakash Keshwani as party. Presently, the grievance of the petitioner is confined to Dr. Sudhir Mehta - Respondent No.3 of the writ petition. Dr. Sudhir Bhandari, who was originally respondent No.7 is now respondent No.4 and Dr. Prakash Keshwani is respondent No.5.
(3.) THE further case of the petitioner is that as per Rule 8A, 9, 12 read with Rule 24-A of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (hereinafter to be referred as the Rules of 1962), the respondent Government and the RPSC are bound to determine the vacancies year-wise for direct recruitment and further make selection year-wise by taking the date of eligibility as 1st of April of the respective year of vacancy.