Judgment

KULDIP SINGH, J.

(1) THE question for consideration in these two appeals is whether the creation of two cadres, consisting of Nursing Superintendent Grade I, Nursing Superintendent Grade II, Assistant Nursing Superintendent and Nursing Tutor (hereinafter called nursing cadre) and of Compounder Grade I, Compounder Grade II and Com- pounder Grade III (hereinafter called compounders cadre) under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter called Rules), is arbitrary and as such violative of Articles 14 and 16 of the Constitution of India.

(2) THE relevant facts are as under:

BANSI Lal Sharma was appointed as Male Nurse in 1941. He qualified Punjab Nursing Registration council Examination in 1944 and was confirmed as Compounder Grade I in 1950. He was officiating as Sister Tutor when the Rules came into force in March 1966. He filed writ petition in the Rajasthan High court in 1971 challenging the creation of two separate cadres under the rules. It was pleaded that hitherto there was combined channel of promotion for compounders and nurses but the rules have arbitrarily deprived compounders Grade I of their right to promotion