ACHYUT SHARMA GULERI Vs. STATE

JUDGEMENT

(1.) The petitioner who is a medical graduate from the University of Rajasthan, has filed this writ petition seeking a direction to the respondent-university to compute the period of registration of the petitioner for M.D. (Microbiology) course which is of the duration for a period of three years which, according to him, should be computed w.e.f. 5-10-1991 instead of 14-11-1992 pursuant to the resolution dated 17-2-1992 of the Faculty of Medicine and Pharmaceutical University of Rajasthatn, Jaipur which took the decision that a candidate who is registered as senior Demontrator shall be granted exemption for taking entrance test for Pre P.G. study. This decision was taken by the University in larger academic interest of the candidates with a view to permit them automatic registration, after taking into consideration various communications/representations of the said candidates made to the University and also after taking into consideration the past practice prevalent in this regard. Thereafter the said decision of the Faculty of Medicine and Pharmaceutical was also approved by the Vice-Chancellor of the Rajasthan University and also had the concurrence and approval of the Academic Council, University's Senate and syndicate respectively which is borne out from the relevant documents placed on the record by the petitioner.

(2.) The facts which are relevant for deciding the controversy between the parties germane to the case, briefly stated are that the petitioner passed his MBBS examination conducted by the University of Rajasthan in the year 1988 and also completed one year rotating internship and thus became eligible for appointment to the post of senior demonstrator for the subjects i.e. Physiology/Biochemistry/Pharmacology Anatomy/Pathology/ Microbiology/Community Medicine/Forensic Medicine in accordance with Rajasthan Medical Service (Collegiate Branch) Rules, 1962 and as per the qualifications laid down by the University of Rajasthan for the teaching staff in the Medical Colleges under the University Ordinance 65 (VI).

(3.) It has been contended in the writ petition that the petitioner who was fully eligible and qualified for appointment on the post of senior demonstrator applied for regular appointment as demonstrator in Microbiology in pursuance to the advertisement published by the Rajasthan Public Service Commission, Ajmer (for short 'the RPSC') and got appointment on the said post vide order, dated 3-10-1991 on the basis of the recommendations of the RPSC and joined on the said post in the forenoon of 5-10-1991. The copy of the appointment order, dated 3-10-1991 and the joining report dated 5-10-1991. (Annexures 1 and 2 respectively), have been perused on the record.