D R SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by Dr. DR. Shah at present Lecturer in Medicine, Ravindra Nath Tagore Medical College, Udaipur, challenging the appointment of Dr. B. P. Jain as Junior Specialist under the Rajasthan Medical and Health Service Rules, 1963, and for certain other reliefs. The writ petition has been contested on behalf of the State of Rajasthan and Dr. B. P. Jain.

(2.) THE relevant facts as appear from the material on record are these. Both Dr. D. R. Shah and Dr. B. P. Jain were Civil Assistant Surgeons Class I when Dr. Jain was temporarily appointed for a period of six months as Junior Specialist (Physician) under an order of the Government dated 17th October, 1962 (annexure 3 ). This appointment has been continued in a temporary capacity until today. THE position of Dr. Jain on the seniority list of Civil Assistant Surgeons Class I was at No. 97 and that of Dr. Shah was at No. 198. Two temporary posts of Junior Specialists (were advertised by the Rajasthan Public Service Commission under advertisement No. 3 of 1960-61 on 10-6-60 (annexure 18 ). THE qualifications prescribed for this post were as follows: - "m. B. B. S. with Post-graduate degree in Medicine of recognised Indian University or M. R. C. B. (Edinburgh or London) or 2 year's study in Medicine in Europe, U. K. , U. S. A. or Canada, (b) Must have practised independently for five years in Medicine as independent incharge of a ward at least in a big hospital of Grade I or II or incharge of Grade II Hospital including beds pertaining to this speciality. Pay and age same as for posts No. 3 and 5 respectively. House job or residentship shall not count towards experience. "

(3.) ANOTHER contention on behalf of the respondents is that Dr. Jain was appointed before the Rajasthan Medical and Health Service Rules 1963 came into force and his appointment is saved by rule 36 which runs as follows: - "repeal and Saving - All rules and orders in relation to matters covered by these rules and in force immediately before the commencement of these rules are hereby repealed: Provided that any order made or action taken under the rules and orders so repealed shall be deemed to have been made or taken under the provisions of these rules. "