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1966 Supreme(Raj) 43
Rajasthan High Court
Jagat Narayan & Beri, JJ.
Dr. (Miss) B. Joseph - Appellant
Versus
The State & Others - Respondents
S.B. Civil Writ Petition No.7 of 1964
Decided On : February 23, 1966
J.P. Jain, for Petitioners in (1), (2) and (3); G.C. Kasliwal Advocate General, for State; Hastimal, for Dr. D.L. Chhangani Respondent; Chandmal Lodha and Shrikishanmal Lodha, for Dr. S.R. Mehta respondent; M.B.L. Bhargava, for Dr. P. Chatterji and Dr. S.
Headnote:(a) Constitution of India, Art. 226 — Autonomous bodies—Criteria as to research work—Whether work submitted by candidate can be termed research is not for High Court to say.(b) Medical Service (Collegiate Branch) Rules, RR. 12 and 5 (1) (iii)— Remaining Lecturers also to possess qualifications prescribed by Rule 12.(c) Medical Service (Collegiate Branch) Rules 1952, R. 5(1) (ii)—Remaining Lecturers and optants to possess qualifications on date of Rules i.e. 5.11.62 and not on the date of appointment and qualifications should be in accordance with University Ordinance No. 65 as it stood at the time and not as amended subsequently — Qualifications judged according to amended Ordinance vitiated.(d) Rajasthan University Act, Sec. 29—Ordinance No. 65 (Before amendment)—Exclusive practice of speciality—Doctor holding teaching appointment in speciality—Period inclusive of practice in particular speciality.(e) Medical Service (Collegiate Branch) Rules, R. 5(1) (i) (ii) (Hi)—Classification reasonable and rule not violative of Art. 14, Constitution-Selection of date 1.10.61 not arbitrary and has not resulted in unjust discrimination.(f) Medical Service (Collegiate Branch) Rules, R. 5(1) (ii)—Worked as lecturer for 3 years—Phrase means that doctor should have actually worked as Lecturer for three years in a State College in Rajasthan Doctor going abroad for training in order that he may be better equipped for teaching cannot be treated as lecturer during such period — Nor does it include equivalent teaching experience in some alike medical institution which is not a State Medical College.(g) Medical Service (Collegiate Branch) Rules, R. 5(i) (iii)—Power to make selection not arbitrary unless it is shown that power was abused or misused in particular selection.(h) Medical Service (Collegiate Branch) Rules, R. 5(i) (iii) — Screening-Criticism of process on grounds that several relevant factors were not considered and performance before committee was given undue weight and that majority of committee were laymen and that the committee had no power to co-opt specialists to assist — Criticism though justified selections cannot be struck down.(i) Medical Service (Collegiate Branch) Rules, R. 5(3)—Seniority merely on basis if order of preference without reference to inter se seniority in parent cadre—Although it would have been better to devige some formula taking inter se seniority in parent cadre into consideration, yet seniority fixed on order of preference cannot be struck merely on such failure.
2. Up to the year 1959 there was only one Medical College in the State namely the Sawai Man Singh Medical College, Jaipur. Two new colleges namely the Sardar Patel Medical College Bikaner and the Ravindra Nath Tagore Medical College, Udaipur, were started in 1959 and 1961 respectively. Teaching in the Clinical Wing was imparted mostly by the members of the Medical Service of Rajasthan in these colleges till the Rajasthan Medical Service (Collegiate Branch) Rules 1962 came into force with effect from November 5, 1962. These teachers were designated as part-time Professors, Readers and Lecturers.
3. They were ordinarily drawn from the following three cadres of the Medical Services:
(1) Senior Specialists.
(2) Junior Specialists.
(3) Civil Assistant Surgeons Class I.
Senior Specialists were granted a special pay of Rs. 200/-. Junior Specialists were appointed as part-time Readers on a special pay of Rs. 150/-. Officers belonging to C. A. S. Class I were appointed part-time Lecturers on a special pay of Rs. 100/-.
4. In addition to their teaching duties these doctors attended indoor and outdoor patients in the hospitals attached to the three Medical Colleges like other Senior Specialists, Junior Specialists and C.A.S. Class I Officers who were attached to these hospitals.
5. All the above mentioned Medical Colleges were affiliated to the University of Rajasthan. Under Ordinance No. 65 made by the Syndicate of the University in exercise of the powers conferred under sec. 29 of the University of Rajasthan Act 1956 the following minimum qualifications for teachers in the Clinical Wing of the Faculty of Medicine were prescribed:
Medicine Surgery, Ophthalmology and Gynaecology and Obstetrics—1. Professor or Additional Professor—Post-graduate degree of a recognised University or equivalent post-graduate diploma in the respective subject with experience of teaching the subject for 4 years to under-graduates and have practised the speciality for 4 years and should have practised the speciality exclusively for 4 years. The period spent in exclusive practice of the speciality may be deemed equivalent to teaching experience for half the period."
2. Reader or Asstt. Professor
3 Lecturer.
Post-graduate degree of a recognised University or equivalent post-graduate diploma in the respective subject with experience of teaching the subject for 4 years to under-graduates and have practised the speciality for 4 years, and should have practised the speciality exclusively for 4 years."
Diseases of E.N.T.: Any teaching appointment—"Post-graduate degree of a recognised University or a post-graduate diploma in the respective subject."
The above Ordinance was amended by the Syndicate on 16.3.63 and the qualifications prescribed for teachers in the Clinical Wing under the amended Ordinance are as follows—
Post Academic Qualifications Teaching Experience
Medicine, Surgery, Ophthalmology and Gynaecology and Obstetrics 1. Professor/ Addl. Professor Post-graduate degree or an equivalent postgraduate diploma in the subject such as M.D.M.R.C.P. At least 5 years as Asstt. Professor/Reader/Lecturer in a Medical College.
2. Reader – do – At least 3 years teaching experience in the subject of which at least 2 years as Lecturer.
3. Lecturer – do – At least 2 years teaching experience in the subject as Clinical Tutor/Registrar.
E. N. T. 1. Professor/ Addl. Professor Post-graduate degree
