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Chaturbhuj Das Gupta Vs. the State of Rajasthan and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 1226/1981
Judge
Reported in1982WLN4
AppellantChaturbhuj Das Gupta
RespondentThe State of Rajasthan and anr.
DispositionPetition dismissed
Excerpt:
rajasthan medical & health service rules, 1963 - schedule--public service commission is an expert body and is competent to relax qualification relating to experience if suitable candidates are not available;the commission was perfectly competent to make the relaxation in the matter of experience and it could not be said that some period of experience after post graduation was imperative. the commission is an expert body dealing with matters of appointment to various posts and the rules authorise the commission to make relaxation in the prescribed qualifications if suitable candidates are not available.;(b) constitution of india - articles 14 & 16 and rajasthan medical & health service rules, 1953--schedule--relaxed experience qualification applied uniformly to all..........was entitled to relax the qualification in respect of experience in case of candidates for the post of junior specialist.2. the schedule annexed to the rajasthan medical and health services rules, 1963 (hereinafter referred to as 'the rules') prescribes the following qualifications for appointment to the post of junior specialist by direct recruitment:5 years experience in the speciality after post-graduate degree.3. the schedule aforesaid prescribes the qualifications for the various posts included in the rajasthan medical and health service and a note given at the end of the schedule provides that the commission may relax the prescribed number of years of experience, in case candidates with required experience are not available.4. in the advertisement which was issued by the.....
Judgment:

D.P. Gupta, Acting C.J.

1. The short question which arises for consideration in this writ petition is as to whether the Rajasthan Public Service Commission, Ajmer (hereinafter referred to as 'the Commission') was entitled to relax the qualification in respect of experience in case of candidates for the post of Junior Specialist.

2. The schedule annexed to the Rajasthan Medical and Health Services Rules, 1963 (hereinafter referred to as 'the Rules') prescribes the following qualifications for appointment to the post of Junior Specialist by direct recruitment:

5 Years experience in the speciality after post-graduate degree.

3. The schedule aforesaid prescribes the qualifications for the various posts included in the Rajasthan Medical and Health Service and a note given at the end of the schedule provides that the Commission may relax the prescribed number of years of experience, in case candidates with required experience are not available.

4. In the advertisement which was issued by the Commission the requisite qualification specified for the post of Junior Specialist was the same as is mentioned above, but a note was also given that in case persons with the requisite experiedce are not available, then the Commission could allow relaxation in the matter of experience. Out of 31 candidates who applied for the post of Junior Specialist in Paediatrics, only three were found by the Commission to possess the requisite qualification of 5 years' experience after passing the post-graduate degree. As eight posts were advertised for appointment of Junior Specialists in Paediatrics, the Commission decided to relax the prescribed experience as under:

3 year's service after obtaining post-graduation in the speciality or 8 years' service as CAS with necessary post-graduation degree including service on higher post in the speciality.

14 other candidates, who came within the ambit of the relaxed qualification, were also called for interview; but the petitioner was not called for interview by the Commission, apparently as he did not possess even the relaxed qualification: The petitioner obtained the post-graduate degree only in August 1978 and joined the Rajasthan Medical and Health Service as CAS on 21st October, 1978. As such he possessed less than three years' experience after Post-Graduation or even as C.A.S. at the time of filling the application for appointment to the said post. The petitioner did not fulfil either the qualification prescribed in the schedule annexed to the Rules and ha did not even fulfil the relaxed qualification. Therefore, the petitioner was not eligible for appointment to the past of Junior Specialist and he was informed by the Commission that he could not be called for interview as he did not possess* the requisite experience.

5. Learned Counsel for the petitioner contended before me that the touch-stone of the qualification for appointment to the post of Junior Specialist was experience in the speciality after obtaining the post-graduation degree. Learned Deputy Government Advocate, however, submitted that as only three persons who fulfilled the requisite qualification prescribed in the Rules were available, the Commission considered it proper to relax the qualifications for appointment by direct recruitment and adopt the qualifications which were prescribed in the Rules for appointment by promotion to the posit of Junior Specialist, even while making appointment by direct recruitment. It appears from a comparison of the qualifications prescribed in the Rules for appointment to the post of Junior Specialist by promotion and by direct recruitment shows that 8 years' service as CAS with necessary post graduate degree, including service on higher post in any speciality, was considered as sufficient for purposes of promosion and was equated to three years service after obtaining post graduate degree in the speciality, which was required for the purpose of direct recruitment. If the candidates possessing requisite qualifications, as prescribed by the Rules for direct recruitment were not available, the Rules authorise the Commission to relax the qualification in respect of experience. The question now is as to whether it was necessary for the Commission to prescribe some period of experience in the speciality after post graduation or the Commission would be justified in prescribing the total period of experience as CAS with the necessary post graduate degree.. As I have already pointed out above, in the case of appointment by promotion, eight years' service as CAS with the necessary post graduate degree has been considered as sufficient for appointment and was equated to three years service after obtaining post graduate degree in the speciality, which was required for appointment by direct recruitment to the same post of Junior Specialist. Looking to the aforesaid facts and circumstances, the Commission was apparently justified in relaxing the qualification in respect of experience, in making appointment by direct recruitment, and adopting the criteria which was applicable to appointment by promotion for the same poet, because candidates with the requisite qualifications were not available. The Commission was perfectly competent to make the relaxation in the matter of experience and it could not be said that some period of experience after post graduation was imperative. The Commission is an expert body dealing with matters of appointment to various posts and the Rules authorise the Commission to make relaxation in the prescribed qualifications if suitable candidates are not available. It cannot be held by this Court in the aforesaid circumstances that a particular relaxation was improper or to substitute its own views on the subject and to hold that a specified type of relaxation alone should have been allowed by the Commission.

6. It does not appear that there was any infraction of the provisions of Articles 14 or 16 of the Constitution if the Commission proceeded to make a particular relaxation in the matter of experience. It cannot be held that persons having experience in the speciality after post graduation formed a separate class and there is no warrant for the proposition that even if the Commission was authorised to make a relaxation in the matter of experience, it should have provided for possession of experience for a number of years after post graduation. Learned Counsel for the petitioner submitted that one of the candidates who has been called for interview obtained his post graduate degree in March 1981, just before the last date for submitting applications and as such he had no experience after obtaining the post graduation decree while the petitioner had worked for more than 2 1/2 years, after obtaining the post graduate degree and that the petitioner should have been preferred to the former. I have already pointed above that the criteria about experience adopted by the Commission in the present case was the same as was prescribed in the Rules for appointment by promotion. I am unable to hold in these circumstances that the relaxation in the matter of experience, made by the Commission in the qualification for appointment to the post of Junior Specialist by direct recruitment, could be held to be discriminatory in any manner as the relaxed qualifications were uniformly applied to all the candidates without any distinction. There could be different forms of relaxation in respect of experience, which could legitimately be allowed by the Commission and it is difficult to say that one form of relaxation as was allowed by the Commission must be considered to be bad and that different form as suggested by the petitioner should have been necessarily adopted. If the Commission has a discretion in the matter, it is not possible for this Court to interfere with the discretion exercised by the Commission so long as it is not found that similar persons have been treated differently and that any discrimination was made while applying the criteria adopted by the Commission.

7. It was lastly argued by the learned Counsel for the petitioner that since the petitioner was allowed to appear at the interview by the order of this Court passed on the stay application and that the petitioner has also by now completed the period of three years' service after obtaining post graduate degree, the Commission should consider the candidature of Junior Specialists, by direct recruitment. It would be for the Commission to consider this aspect of the matter, as to whether in the peculiar circumstances further relaxation could be allowed and the case of the petitioner could be considered, even though he did not fulfil the requisite relaxed qualification on the fast date of filling applications. It would be open to the Commission to consider the case of the petitioner, if he is found meritorious enough and further relaxation is considered necessary or desirable by the Commission.

8. As the qualification for appointment to the post of Junior Specialist, as relaxed by the Commission has not been found to be discriminatory, the writ petition has no force and the same is dismissed.


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