SURENDRA KUMAR PANDE DR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition before me raises a question of interpretation of Rule 6 (1) (11) of the Rajasthan Medical Service (Collegiate Branch) Rules, 1963, hereinafter to be referred as the "rules. " Petitioner Dr. Surendra Kumar Pande, who is officiating Reader in Surgery, S. M. S. Madical College, Jaipur, questions the validity of an order of the Government No. F. 13 (1) (21) MPH/56, dated 3 March 1967, appointing Dr. Kailash Chander Gangwal, respondent 2, as substantive lecturer under Rule 5 (1) (11) of the rules. The petitioner has also prayed for an appropriate writ, direction or order quashing the subsequent consequential orders of Dr. Gangwal's appointment as substantive Reader and then later on his being appointed as Professor by the State Government. The relevant facts emerging from the writ petition are briefly these.

(2.) PETITIONER Dr. Pande passed his M. B. B. S. In 1952 and M. S. in 1957. On 6 August 1957 he Joined the service of the Rajasthan State as Civil Assistant Surgeon, class I. He was appointed at a clinical tutor in Surgery on 27 May 1958 and promoted as part-time lecturer in the subject on 30 September 1961 and came to be appointed as Reader on 7 August 1965. As regards Dr. Gangwal, the petitioner proceeds to say that Dr. Gangwal passed his M. B. B. S. in 1953 and took his M. S. in General Surgery in 1957. According to the petitioner, Dr. Gangwal joined as a demonstrator in Anatomy in 1955 in the medical college and came to be appointed as a lecturer in Anatomy on 1 July 1957. Dr. Gangwal was appointed as Civil Assistant Surgeon, class I, on 22 November 1953 and was concurrently appointed as a part time lecturer in Surgery and thus he joined the clinical side of the S. M S. Medical College. Petitioner proceeds to say that at the time the petitioner or Dr. Gangwal were teachers in the medical college there were no statutory rules. Civil Assistant Surgeon, class I doctors belonging to the Rajasthan Medical and Public Health Service, were appointed as teachers in the medical colleges on the clinical side and the work of teaching was an additional assignment for the officers who were Civil Assistant surgeons, class I, and they were called part-time lecturers and were allowed a certain special pay. According to the petitioner, on 5 November 1962, both the petitioner and respondent 2, Dr. Gangwal, were substantive Civil Assistant Surgeons, class I officers, and were holding part-time posts of lecturers in Surgery.

(3.) THE Governor, in exercise of his powers under Article 309 of the Constitution, made the rules and they were first published in the Rajasthan Gazette on 5 November 1962 and came into force from that date. In order to appreciate the case set up by the petitioner in his writ petition I may read Rule 5 of the rules which provides for initial constitution of the service: 5. Initial constitution of service.- (1) In the clinical wing-