P. N. SHINGHAL, J.

( 1 ) PETITIONER Dr. S. P. Sudrania passed the M. B-B. S. examination in 1962 and joined the service of the Rajasthan State as Civil Assistant Surgeon on February 28. 1964. He was selected for that post by the. Rajasthan Public Service commission, and was confirmed on July 31, 1966. In the meantime he graduated M. D, in Paediatrics from the Rajasthan University in the first attempt in 1966.

( 2 ) DR. K. M. Hemrajani, respondent No. 2, took the diploma in Child Health in 1963. and the M. D. In Paediatrics in 1964 (in the second attempt ). He joined the service of Raiasthan State as Civil Assistant Surgeon on July 20, 1966 and on selection by the Rajasthan Public Service Commission he was confirmed on october 1, 1968.

( 3 ) BOTH the petitioner and respondent Dr. Hemrajani wanted to be appointed as clinical Tutors in Paediatrics. They were interviewed by the Central Selection committee on January 4, 1967. Ex. R. 1 records the minutes of the meeting of the committee by which respondent Dr. Hemrajani was selected and placed at No. 1 in the order of merit, while petitioner Dr. Sudrania was placed at No. 2. The petitioner was posted as a Clinical Tutor in Pae