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2005 DIGILAW 1652 (SC)

RAJESH KUMAR JAINS v. State Of RajasthanS

2005-10-07

C.K.THAKKER, Y.K.SABHARWAL

body2005
ORDER 1. THE SHORT POINT INVOLVED IN THIS PETITION IS ABOUT THE ELIGIBILITY OF TEMPORARY AND AD HOC EMPLOYEES BEING ELIGIBLE OR NOT FOR ADMISSION TO FIFTY PER CENT OF THE TOTAL SEATS EARMARKED FOR IN-SERVICE CANDIDATES IN THE POSTGRADUATE COURSE FOR THE ACADEMIC YEAR 2005-2006. THE HIGH COURT, BY THE IMPUGNED JUDGMENT, HAS HELD THAT IN-SERVICE CATEGORY INCLUDES AD HOC/ TEMPORARY/CONTRACT MEDICAL OFFICERS AND, ON THAT BASIS, HAS COME TO THE CONCLUSION THAT THE SAID CATEGORIES OF MEDICAL OFFICERS WERE RIGHTLY INCLUDED IN THE IN-SERVICE CATEGORIES AND THE RESULT WAS RIGHTLY DECLARED, INCLUDING THE SAID CATEGORIES AS WELL. THE CHALLENGE TO THEIR INCLUSION WAS MADE BEFORE THE HIGH COURT BY THE PETITIONERS, WHO CLAIM TO BE REGULAR AND SUBSTANTIVE MEDICAL OFFICERS. THE THRUST OF THE PETITIONERS SUBMISSION BEFORE THE HIGH COURT AND AGAIN BEFORE THIS COURT IS THAT IN THE NOTIFICATION AND INSTRUCTIONS ISSUED FOR THE PRE-POSTGRADUATE EXAMINATION, 2005, FOR ADMISSION TO MD/MS/DIPLOMA COURSES, THE "IN-SERVICE CATEGORY" DOES NOT INCLUDE THE AFORESAID CATEGORY OF AD HOC/TEMPORARY/CONTRACT MEDICAL OFFICERS. THE IMPUGNED JUDGMENT HAS, HOWEVER, NOTICED THAT THIS CATEGORY OF MEDICAL OFFICERS ARE APPOINTED BY HAVING RECOURSE TO THE PROVISIONS OF RULE 26 OF THE RAJASTHAN MEDICAL AND HEALTH SERVICES RULES, 1963. 2. WE HAVE BEEN TAKEN THROUGH THE CORRIGENDUM/NOTIFICATION ISSUED FOR PRE-POSTGRADUATE MEDICAL EXAMINATION FOR THE YEARS 2002, 2003 AND 2004. THE SUBMISSION IS THAT IN THOSE THREE YEARS, IT WAS CLEARLY STIPULATED THAT THE CONDITION OF SELECTION BY THE RAJASTHAN PUBLIC SERVICE COMMISSION (FOR SHORT "RPSC") HAS BEEN RELAXED FOR "THIS YEAR ONLY". AS OPPOSED TO THIS, THERE IS NO SUCH RELAXATION IN THE INSTRUCTIONS ISSUED FOR THE PRE-POSTGRADUATE MEDICAL EXAMINATION FOR THE ACADEMIC YEAR 2005-2006, AS ABOVE-REFERRED. ON THIS BASIS, THE AFORESAID CATEGORY OF MEDICAL OFFICERS BELONGING TO AD HOC/TEMPORARY/CONTRACT SERVICE ARE SOUGHT TO BE EXCLUDED. WE FIND THAT IN THE YEARS 2002, 2003 AND 2004, THE RELAXATION HAD TO BE GRANTED BECAUSE OF THE CONDITION OF THE MEDICAL OFFICER BEING SELECTED THROUGH RPSC. UNLIKE, IN THOSE THREE YEARS, THERE IS NO SUCH CONDITION FOR THE PRESENT ACADEMIC YEAR 2005-2006. THIS BEING THE STATE OF AFFAIRS, THERE WAS NO REQUIREMENT OF STATING IN THE INSTRUCTIONS ABOUT THE RELAXATION OF THE CONDITION OF SELECTION THROUGH RPSC. UNDER THESE CIRCUMSTANCES, WE FIND NO INFIRMITY IN THE VIEW TAKEN BY THE HIGH COURT. 3. THE SPECIAL LEAVE PETITION IS, ACCORDINGLY, DISMISSED. COURT MASTERS