DALPAT SINGH RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge to the vires of Rule 21(3) of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (for short, hereinafter referred to as 'Rules of 1962') by Dr. Dalpat Singh Rajpurohit, petitioner in D.B. Civil Writ Petition No. 4350/12, suffered hiccup when a judgment rendered by Division Bench at Jaipur in D.B. Civil Writ Petition No. 18662/12 (Dr. Swati Panwar v. State of Rajasthan and Ors.) dated 13th of December 2013 declaring Rule 21(3) of the Rules of 1962 intra-vires is brought to its notice.

(2.) Although judgment of the Coordinate Bench in Dr. Swati Panwar (supra) caused serious jolt to the espoused cause, however, the writ-petitioner persisted with his challenge to the vires of the Rule by taking shelter of some other grounds, which according to him were not canvassed before the Division Bench earlier. Considering the arguments of learned Senior Counsel, appearing for the writ-petitioner, substantial and weighty, the Division Bench vide its order dated 14th of March, 2018 formulated questions requiring consideration by Larger Bench. Thereupon, the Chief Justice was pleased to constitute the Larger Bench for answering following three questions:

(3.) Upon hearing learned counsel for the parties and objective analysis of the grounds set out in the writ petition to assail vires of impugned rule, we are skeptical about emergence of referred Questions Nos. 1 and 3 in the matter. Therefore, at the threshold, it would be just and appropriate to examine propinquity of these two questions in the factual backdrop.