Discrimination in the enhancement of the age of superannuation based on the type of medical degree held is in violation of Article 14 of the Constitution of India.

JUDGMENT

Kuldeep Mathur, J. - The petitioner, who is a Medical Teacher (Dental) has filed the present writ petition challenging the vires of Rule 56 of Rajasthan Civil Services Rules 1951 as amended vide notification dated 30.03.2018, whereby the age of superannuation has been increased from 62 years to 65 years only for Medical Teachers holding MBBS degree.

2. Brief facts necessary for adjudication of writ petition are as follows:

The petitioner acquired qualification of BDS and MDS in the years 1987 and 1991 respectively from King George's Medical College, Lucknow. After being declared successful in the selection process in the Department of Medical and Health Services, Government of Rajasthan, the petitioner was appointed as Assistant Professor on 10.03.1993. On 27.06.1999, the petitioner was promoted on the recommendations of DPC to the post of Associate Professor and he served at S.P. Medical College, Bikaner and Govt. Medical College, Kota under orders of posting issued by the department. The petitioner was further promoted to the post of Professor on 31.03.2011 and thereafter, to the post of Senior Professor on 01.04.2013. The petitioner is presently serving on the post of Senior Professor and Head of Dentistry Department in S.P. College, Bikaner. The Medical Teachers holding degree of BDS/MDS and MBBS are promoted through same DPC and assigned administrative responsibilities in the Department of Medical/Dental Education. The State Government, vide notification dated 30.03.2018 enhanced the age of superannuation of Medical Teachers (Medicine) holding MBBS Degree from 62 years to 65 years. The petitioner being a Medical Teacher (Dental), BDS and MDS degree holder was not extended the benefit of enhancement of age of superannuation. Aggrieved by the same, the instant writ petition has been preferred before this Court.

3. Learned counsel for the petitioner, Shri Rajeev Purohit submitted that the State Government, vide notification dated 30.03.2018 has unduly discriminated between the Medical Teachers, holding MBBS degree vis-a-vis those holding BDS Degree. It was further submitted that the notification has discriminated amongst two classes at par without rationale and in contravention of provisions of Rajasthan Medical Services (Collegiate) Rules, 1962 (hereinafter referred to as 'Rules of 1962'). The counsel also submitted that the Medical Teachers holding degrees of MBBS and BDS are recruited through a common mode of recruitment under the Rules of 1962 by the Rajasthan Public Service Commission. Further, the promotions of Medical Teachers both MBBS and BDS are carried out by a common DPC. Therefore, there is no distinction between the Medical Teachers holding degrees of MBBS & MD and those holding degrees of BDS & MDS according to the Rules of 1962 be it in terms of recruitment, appointment, promotions and conditions of service along with service benefits. The counsel urged that by excluding the Medical Teachers from the purview of increase in age of superannuation, vide notification dated 30.03.2018 as opposed the State Government has discriminated the petitioner and his peers vis-a-vis the Medical Teachers holding MBBS degree in violation of Article 14 of the Constitution of India and therefore, a direction is required to read down the impugned notification and to include the Medical Teachers holding degrees of BDS/MDS in its ambit and purview. In support of his contentions, the counsel placed reliance on judgment rendered by the Hon'ble Supreme Court in the case of North Delhi Municipal Corporation v. Dr. Ramesh Naresh Sharma & Ors.

4. Per contra, the learned counsel appearing on behalf of respondents, Shri Manish Vyas, AAG and Shri Sudhir Tak, AAG argued that the State Government, vide notification dated 30.03.2018 increased the age of superannuation of Medical Teachers, MBBS degree holders considering the fact that there is dearth of said doctors in the State. It was further submitted that the Medical Teachers holding MB