1986 Supreme(Raj) 783

RAJASTHAN HIGH COURT AT JAIPUR BENCH
J.S.Verma, M B.Sharma, JJ.
Dr. (Mrs.) Anju Soni & Ors. - Appellants
Versus
State of Raj & Ors. - Respondents
D.B. Special Appeal (Writ) No. 1 of 1986.
Decided On : 29-10-1986

The Government has the authority to utilize vacant posts in one speciality for another speciality where there is a rush of candidates, provided that the transfer or utilization of seats is done in a fair and transparent manner and does not violate the principles of merit and equality.

Headnote:

MEDICAL APPOINTMENTS - GUIDELINES - TRANSFER OF SEATS - APPOINTMENT OF REGISTRAR IN GYNECOLOGY AND OBSTETRICS - MERIT - ARTICLE 14 OF THE CONSTITUTION - EQUITY AND JUSTICE.

Fact of the Case:

Various vacancies of Resident House Officers under three years residency scheme for the year 1983 in various Specialities including Radio Diagnosis Skin and v. D., Gynaecology and Obstetrics (for short, Gyn. & Obst.) were advertised. One Dr. Manjula Duggar was selected and appointed as Resident House Officer in Gyn. & Obst. under three years scheme in S.M.S. Medical College, Jaipur but she resigned from the said post on September 30, 1983. Asa result of the resignation of Dr. Manjula Dug gar, one post of Reg soar in the speciality of Gyn. & Obst. became available, but the vacancy was not advertised and in the month of March, 1984 two applications for appointment on that post were received, one from Dr. Rekha Jain, who was already working as Registrar under three years residency scheme in the speciality of Gyn. & Obst. at Medical College, Jodhpur and another from Dr. Kalpna Srivastava.

Finding of the Court:

The learned Single Judge dismissed the two writ petitions (Nos. 1300/1984 and 1768/1984) but S.B. Civil Writ Petition No. 1236/1985 was allowed in part and the respondents to that writ petition were directed to invite applications from SC/ST candidates to fill in one post of Registrar in the speciality of Radio Diagnosis. A further direction was issued that in case SC/ST candidate is not available, then the respondents will invite applications afresh from all the candidates in the general category and make an appointment on the basis of merit alone according to the guidelines.

Issues: 1. Whether the transfer of one seat from Radio Diagnosis to Gyn. & Obst. was legal and valid? 2. Whether the appointment of Dr. Rekha Jain as Registrar in Gyn. & Obst. was in accordance with the guidelines and merit? 3. Whether Dr. Kalpna Srivastava was entitled to be appointed as Registrar in Gyn. & Obst. on the basis of merit? 4. Whether the respondents could be directed to create an additional post of Registrar in Gyn. & Obst. to accommodate Dr. Kalpna Srivastava?

Ratio Decidendi: 1. The transfer of one seat from Radio Diagnosis to Gyn. & Obst. was not illegal and invalid as the Government had the authority to utilize vacant posts in one speciality for another speciality where there was a rush of candidates. 2. The appointment of Dr. Rekha Jain as Registrar in Gyn. & Obst. was not in accordance with the guidelines and merit as Dr. Kalpna Srivastava was more meritorious and should have been appointed instead. 3. Dr. Kalpna Srivastava was entitled to be appointed as Registrar in Gyn. & Obst. on the basis of merit as she had a higher percentage of marks after getting weightage of 5% marks for having obtained her MBBS degree from S.M.S. Medical College, Jaipur. 4. The respondents could be directed to create an additional post of Registrar in Gyn. & Obst. to accommodate Dr. Kalpna Srivastava as she had been denied the appointment due to the illegal appointment of Dr. Rekha Jain.

Final Decision: The Court allowed the special appeal filed by Dr. Anju Soni and dismissed the special appeal filed by Dr. M.S. Nathawat. The Court also set aside the order of the learned Single Judge that the seat in the department of Radio Diagnosis could not be utilized or transferred to the department of Gyn. & Obst. and upheld the utilization and transfer of the seat from Radio Diagnosis to Gyn. & Obst. as well as the appointment of Dr. Anju Soni as Registrar. The Court allowed the special appeal filed by Dr. Kalpna Srivastava, set aside the order of the learned Single Judge, and partly allowed S.B. Civil Writ Petition No. 1768/1984 filed by Dr. Kalpna Srivastava. However, the Court did not set aside the appointment of Dr. (Mrs.) Rekha Jain to the post of Registrar, but directed the respondents to create an additional post of Registrar in the department of Gyn & Obst. in the year 1984 and appoint Dr. Kalpna Srivastava as Registrar in Gyn. & Obst. in that seat.