The amendment to Rule 56 of the Rajasthan Civil Services Rules, allowing different retirement ages for MBBS and BDS degree holders, was found discriminatory and unconstitutional under Articles 14 and 16.

ORDER :

1. Learned counsel for the parties jointly submit that the controversy involved in the present writ petition is squarely covered by the order passed by this Court in Dr. Sarvesh Pradhan Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.5821/2023), decided on 26.02.2024 and therefore, prayed that similar order may also be passed in the case at hand.

1.1. In the case of Dr. Sarvesh Pradhan (supra), this Court passed the following order:-

“1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:-

“It is therefore most respectfully prayed that the writ petition may kindly be allowed and:-

(a) By an appropriate writ, order or direction the proviso to Rule 56 of Rajasthan Civil Services Rules 1951 as inserted by amendment dated 31.03.2016 as it relates to superannuation in respect of MBBS Degree holder officer of the Rajasthan Medical and Health Service may kindly be declared discriminatory and violative of Article 14 and 16 of the Constitution of India and same be declared as ultra vires and the respondents may kindly be directed to amend/include Medical Officers (Dental) holding BDS Degree in the proviso so that their age of superannuation shall also be 62 years.

(b) That amendment in the Rule 56 of Rajasthan Service rules by insertion of proviso notification dated 31.03.2016 may kindly be quashed so far as it relates to extension of age of MBBS degree holder Medical Officers and the words “MBBS Degree holder” may be deleted being violative of 14 & 16 of the constitution of India.

(c) Alternatively, the respondent State Government may be directed to further insert fresh proviso to Rule 56 of the Rajasthan Civil Service Rules 1951 regarding the medical officers holding BDS/MDS Degree, in consonance with the proviso of Rule 56 by which the age of superannuation in respect of MBBS degree holder Medical Officers of the Rajasthan Medical Service (Collegiate Branch) has been increased to 62 years.

(d) That the order no.2/2023 (Annex.5) may kindly be quashed and set aside and the petitioner may be allowed to continue in the service upto the age of 62 years.

(e) The costs of this writ petition may kindly be awarded in favour of the petitioner.

(f) Any other appropriate order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of this case may kindly be passed in favour of the petitioner.”

2. Brief facts as placed before this Court by learned counsel for the petitioner are that the petitioner is holding qualification of Bachelor of Dental Surgeon (BDS) and was initially appointed on the post of Medical Officer (Dental) through recruitment process of Rajasthan Public Service Commission (RPSC) and was thereafter promoted to the post of Principal Specialist in CHC, Merta City. (3 of 10)

2.1. Subsequently, the State Government vide notification dated 31.03.2016 an amendment was made in Rule 56 of the Rajasthan Service Rules, 1951 (in short, ‘Rules of 1951’) by the Rajasthan Service (Second Amendment) Rules, 2016.

2.2. Thereafter in pursuance of the notification dated 30.03.2018, an order dated 31.03.2018 came to be passed by the State Government enhancing the age of MBBS degree holder superannuation of Medical Teachers of Rajasthan Medical Service from 62 years to

65 years.

2.3. Subsequently, the respondent department issued order no. 2/2023 on its official website for retirement of medical officers/senior medical officers/junior specialists and other higher posts wherein the persons mentioned in the list were to retire on attaining the age of superannuation of 62 years, however name of the petitioner was mentioned at Serial no. 35 and as per the given date of retirement, the petitioner was to retire at the age of 60 years.

2.4. In consequence of the notification dated 31.03.2016, the age of superannuation was increased from 60 years to 62 years for MBBS degree holder officer. In further, a representation was also submitted by the petitio