IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R 1. D.B. Special Appeal (Writ) No. 468/2006 Dr. Bheru Singh S/o Shri Bhajan Singh Dudi, aged about 33 years, By Caste Jat, R/o Gandhi Nagar, Barmer, presently posted as Medical Officer, Community Health Centre, Kawas, District Barmer (Raj.) .....Appellant Versus (i) The State of Rajasthan through Secretary, Department of Medical & Health, Government of Rajasthan, Secretariat, Jaipur (ii) The Secretary, Rajasthan Public Service Commission, Ajmer (iii)The Director, Medical & Health Department, Jaipur .....Respondents 2.D.B.Special Appeal (Writ) No.1422/2006(Def.) (i) Dr. Jaipal Singh S/o Shri Harphool Singh Lamba, aged about 32 years, R/o Village & Post Hamiri Kalan, District Jhunjhunu (ii)Dr. Pradeep Kumar Singodiya S/o Shri Sishupal Singh, aged about 30 years, R/o Village & Post Baragaon, District Jhunjhunu (iii)Dr. Sher Singh Katewa S/o Shri Jagmal Singh Katewa, aged about 33 years, R/o Village & Post Khudana, Via Bagar, District Jhunjhunu (iv)Dr. Raj Kumar Didhel S/o Shri Ramdev Didhel, aged about 33 years, R/o Village & Post Arniyala, Via Merta City, District Nagaur. .....Appellants-Petitioners Versus -2- (i) The State of Rajasthan through Secretary, Department of Medical & Health, Government of Rajasthan, Secretariat, Jaipur (ii) The Secretary, Rajasthan Public Service Commission, Ajmer (iii)The Director, Medical & Health Department, Jaipur .....Respondents 3.D.B.Special Appeal (Writ) No.1365/2006(Def.) (i) Dr. Rajendra Chaudhary S/o Shri Rameshwar Lal Chaudhary, aged about 33 years, by caste Jat, R/o Near Girls Hostel, In front of B.B.S. School, Tilak Nagar, Bikaner, presently posted as Medical Officer at Primary Health Centre, Napsar, District Bikaner (Raj.) (ii)Sudhir Kumar Sharma, S/o Shri Satya Narayan Sharma, by caste Brahman, aged about 33 years, R/o Adsar House, Choutina Well, Bikaner, present posted as Medical Officer at Primary Health Centre, Badnu, Tehsil Naukha, District Bikaner. .....Appellants-Petitioners Versus (i) The State of Rajasthan through Secretary, Department of Medical & Health, Government of Rajasthan, Secretariat, Jaipur (ii) The Secretary, Rajasthan Public Service Commission, Ajmer (iii)The Director, Medical & Health Department, Jaipur .....Respondents -3- 4.D.B.Special Appeal (Writ) No.2135/2006(Def.) Dr. Om Prakash Tamrat Son of Shri Kesardev Singh, aged about 38 years, presently post as Medical Officer at Primary Health Centre, Chokri, District Sikar .....Appellant Versus (i) The State of Rajasthan through its Secretary, Medical & Health Department, Government of Rajasthan, Jaipur (ii)The Director, Medical Health Services, Government of Rajasthan, Jaipur (iii)Rajasthan Public Service Commission, Ajmer through Secretary, Ajmer (iv)The Union of India through Secretary, Ministry of Human Resources Development, Government of India, New Delhi. .....Respondents (v) Dr.Manish Jain son of Shri Narrotam Jain, aged 33 years, by caste-Jain, presently posted as Medical Officer, at Primary Health Centre, Jalindri, District-Bhilwara. (vi)Dr. Sanjeev Saxena son of Shri Rama Sankar Saxena, aged about 34 years, by caste Saxena, presently posted as Medical Officer, at Community Health Centre, Rawatbhata, District- Chittorgarh. (vii)Dr. Mahesh Dhakar son of Shri Yadram Dhakar, aged about 37 years, presently posted as Medical Officer at Community Health Centre, Bayana, District- Bharatpur. (viii)Dr. Shobha Bhardawaj wife of Dr. Vivek Bhardawaj, aged about 35 years, by caste Brahmin, presently posted as Medical Officer at Pratap Nagar Dispensary, Bharatpur. .....Proforma-respondents -4- 5.D.B.Special Appeal (Writ) No.2374/2006(Def.) (i) Dr. Anil Kumar Goyal son of Shri Prahalad Prasad Gupta, aged about 34 years, by caste-Mahajan, resident of 117, Nandpuri Colony, Bais Godam, Hawa Sarak, Jaipur, presently doing post graduation in S.N. Medical College, Jodhpur (ii)Dr. Kailash Chand son of Shri Vijendra Kumar, aged about 38 years, by caste- Jat, resident of 554, Shanti Nagar, Durgapura, Jaipur presently posted as Medical Officer at Community Health Centre, Khandela District Sikar (Rajasthan) (iii)Dr. Siddharth Sharma, son of Shri Harish Chand Sharma, aged about 32 years, by caste – Brahmin, resident of 2-A, Chitragupta Nagar-II, Kartarpura Railway Crossing,Jaipur presently posted as Medical Officer at Primary Health Centre Jharli, District Sikar (Rajasthan) .....Appellants Versus (i) The State of Rajasthan through its Secretary, Medical & Health Department, Government of Rajasthan, Jaipur (ii) The Director, Medical Health Services, Government of Rajasthan, Jaipur (iii)Rajasthan Public Service Commission, Ajmer through Secretary, Ajmer (iv) The Union of India through Secretary, Ministry of Human Resources Development, Government of India, New Delhi. .....Respondents (v) Dr. Surendra Kumar Joshi son of Shri Bhikha Ram Joshi, aged about 36 years, by caste-Brahmin, resident of 84/21, -5- Ajay Marg, Pratap Nagar, Sanganer Jaipur (Raj.) presently posted as Medical Officer at Community Health Centre, Takhatgarh, District-Pali (Raj.) (vi) Dr. Nagendra Pal Singh son of Shri Rishi Pal Singh, aged about 34 years, by caste Singh, resident of B-87, Ballabh Nagar, Kota (Raj.), presently posted as Medical Officer at Community Health Centre, Kelwara, District Rajsamand (Raj.) (vii)Dr. Sudeep Gupta son of Dr. Shri Ram Gupta, aged about 32 years, by caste- Mahajan, resident of Atal Band Mandi, Bharatpur (Raj.), presently posted as Medical Officer at Police Line Dispensary, Bharatpur. (viii)Dr. Asit Srivastava son of Shri Radhey Mohan Srivastava, aged about 36 years, by caste-Kayastha, resident of B-303, 10-B, Scheme, Gopalpura Bye pass, Jaipur presently posted as Medical Officer at Leprosy Centre, Bharatpur (Raj. ) (ix) Dr. Sanjeev Saxena son of Shri Ram Shankar Saxena aged about 34 years, by caste-Kayastha, resident of 1-Ja-26, Vigya Nagar, Kota presently posted as Medical Officer at Primary Health Centre, Rawatbhata, District- Chittorgarh (Rajasthan) (x) Dr. Sushil Raj Rajoria son of Shri Damodar Lal Rajoria, aged about 34 years, by caste-Rajoria, resident of 75, Rajoria Bhawan, Indira Colony, Bani Park, Jaipur presently posted as Medical Officer at Primary Health Centre, Vsassi District Dungarpur (Rajasthan). (xi) Dr. Ashiman Sharma, son of Shri Ramesh Chand Sharma, aged about 34 years, by caste-Brahmin, resident of Kota,District Kota (Rajasthan) presently posted as Medical Officer at Chittorgarh, District Chittorgarh (Rajasthan) -6- (xii)Dr. Rajesh Kumar Sharma, son of Shri Murari Lal Sharma, aged about 34 years, by caste Brahmin, resident of V.P. Ladnu District Nagaur, presently doing Post Graduation in S.M.S. Medical College, Jaipur (Rajasthan). (xiii)Dr. Parmeshwar Lal Saini son of Shri Ramjas Saini, aged about 37 years, by caste-Saini, resident of D-140, Vidya Vihar, Pilani, District Jhunjhunu, presently posted as Medical Officer at Primary Health Centre, Devroad Distt. Jhunjhunu (Rajasthan) (xiv)Dr. (Smt.) Gunjan Goswami, wife of Dr. Arun Goswami, aged about 34 years, by caste Brahmin, resident of Dhanvantri Bhawan, in front of S.K. Hospital, Sikar (Rajasthan) presently posted as Medical Officer at S.K. Hospital, Sikar (Rajasthan). .....Proforma-respondents 6.D.B.Special Appeal (Writ) No.1398/2006(Def.) Dr. Pradeep Kadwasara S/o Shri Jai Lal, aged about 30 years, R/o Kadwasara Bhawan, Nohar Bikaner (Raj.) .....Appellant-Petitioner Versus (i) The State of Rajasthan through Secretary, Department of Medical & Health, Government of Rajasthan, Secretariat, Jaipur (ii)The Secretary, Rajasthan Public Service Commission, Ajmer (iii)The Director, Medical & Health Department, Jaipur .....Respondents 7. D.B. Civil Special Appeal No.1437/2006 (i) Dr. Chandra Pal Ola, aged about 31 years, Son of Shri Banwari Lal Ola, resident of Village & Post Kudli via Katrathal, District Sikar, presently -7- posted at Primary Health Centre, Fagalvan District Sikar. (ii)Dr. Lalit Kumar Sharma, aged about 36 years, son of Shri Radhey Shyam Sharma, resident of 105, Indira Colony, Banipark, Jaipur, presently posted at Primary Health Centre, Nangal Bari, Tehsil Thanagazi, District Alwar. (iii)Dr. Durga Shankar, aged about 32 years, Son of Shri Mohan Lal (Savewale), resident of behind Police Kotwali Rampura, Kota, presently working at Primary Health Centre, Ramgarh, District Banswara. (iv)Dr. Jogendra Vijayvargiya, aged about 32 years son of Shri Mohanlal Ji Vijayvargiya, resident of 25, Aditya Marg, Vikram Chowk, Sulab-bari, Ladpura, Kota, presently working at Primary Health Centre, Mothpur, District Barmer. (v) Dr. Sanjay Kumar Garg, aged about 32 years, Son of Shri Raghuveer Prasad Garg, resident of 41, Hiran Magri, Sector 11, Udaipur, presently working at Primary Health Centre, Antri District Doongapur. (vi)Dr. Gopal Jangid, aged about 30 years son of Shri Ratanlal Jangid, resident of H-1, Indira Colony, Jhunjhunu, presently working at Primary Health Centre, Surata District Doongarpur. (vii)Dr. Rommal Singh, aged about 35 years, son of Dr. Gurmeet Singh, resident of 6/266, Malviya Nagar, Jaipur, presently working at Community Health Centre, Manoharpur, District Jaipur (viii)Dr. Pradeep Saharan, aged about 30 years, son of Shri Kanha Ram, resident of Chungi No. 6, Kirana Bhawan Road, Hanumangarh. -8- (ix)Dr. Naresh Kumar Pareek, aged about 34 years, son of Shri P.K. Pareek, resident of Janta Colony, Behind Krishi Upaj Mandi, Basant Vihar, Sikar, presently working at Primary Health Centre, Nangal Nathusar, District Sikar. (x) Dr. Manoj Saini, aged about 29 years, son of Shri Pradhu Dayal Saini, resident of Dhani Bagh Wali, Village Chala, Tehsil Neem Ka Thana District Sikar, presently working at Primary Health Centre, Birania, District Sikar. (xi)Dr. Surendra Goyal, aged about 34 years, son of Shri Devki Nandan Goyal, resident of 4271, Goyal Bhawan, Nindar Rao Ji Ka Rasta, Chandpole Bazar, Jaipur (xii)Dr. Abhishek Kumar Dubey, aged about 32 years, son of Shri Arvind Dubey, resident of 177, Shiv Vihar, Opposite Road No. 5, V.K.I. Area, Sikar Road, Jaipur, presently working at Primary Health Centre, Mazal, District Barmer. (xiii)Dr. Harphool Singh Dhayal, aged about 31 years, son of Shri Hardev Singh Dhayal, resident of Village Kotri Dhayalan, via Reengus, District Sikar, presently working at Primary Health Centre, Kochhor, District Sikar. (xiv)Dr. Deepak Sharma, aged about 34 years, son of Shri R.D. Sharma, resident of C-49, Jamuna Nagar, Sodala, Jaipur, presently working at M.B.S. Hospital, Kota (xv)Dr. Jasjeet, aged about 35 years, wife of Dr. Deepak Sharma, resident of C- 49, Jamuna Nagar, Sodala, presently posted at M.B.S. Hospital, Kota (xvi)Dr. Rajesh M. Jain, aged about 30 years, son of Shri Manohar Dhaka, resident of C-II-141, Kamla Nehru Nagar, Jodhpur, presently posted at presently working at Primary Health Centre, Jheighawas District Pali. -9- (xvii)Dr. Devi Shankar Nagar aged about 30 years, son of Shri Jagdish Prasad Nagar, Resident of Khanwarpura, via Kanwari Salpura Tehsil Atru District Barmer, presently posted at Primary Health Centre, Jalwasa, District Barmer. (xviii)Dr. Mukesh Kumar Nagar aged about 28 years, son of Shri Ranglal Ji Nagar, resident of Fatehpur, District Baran. (xix)Dr. Bhagwant Rai Goyal, aged about 31 years, son of Shri C.B. Goyal, resident of Setkolu, District Barmer, presently working at Primary Health Centre, Sourthal, District Barmer. (xx)Dr. Sampat Raj Nagar, aged about 31 years, son of Shri Ram Chandra Nagar, resident of V&P Dholam, Tehsil Chhipa Barod District Baran, presently working at Primary Health Centre, Shahbad, District Baran. (xxi)Dr. Hari Om Goyal, aged about 31 years, s/on of Shri Radhey Shyam Goyal, resident of C/O Laxmi Chand Laddulal Pansari, Chhabra, District Baran, presently working at Primary Health Centre, Kawai. (xxii)Dr. Bhagchand Nagar, aged about 34 years, son of Shri Ram Kishan Nagar, resident of M/s. Ramkishan Dwarkalal Nagar, Grain Merchant and Commission Agent, Atru, District Barmer, presently posted at Primary Health Centre, Kunjed District Baran. (xxiii)Dr. Jagdish Prasad Kushwaha son of Shri Bhagwanlal Kushwaha, resident of Near Kushwaha Temple, Chhipa Barod, Baran, presently posted at Primary Health Centre, Saurthal, District Baran. (xxiv)Dr. Anil Kumar Agarwal, aged about 30 years, son of Shri Harish Chand Agarwal, resident of Quarter No.G-II- 104, Jawahar Sagar Bandh, District Bundi, presently working at Primary Health Centre, Shesgar, District Banswara. -10- (xxv)Dr. Hari Shankar Gupta, aged about 29 years, son of Shri Ram Kalyan Gupta, resident of House No. 954, Mahaveer Nagar II, Kota, presently working at Primary Health Centre, Bohat, District Baran. (xxvi)Dr. Om Prakash Malav, aged about 30 years, son of Shri Ram Swaroop Malav, resident of C/o Ramavtar Malav, Near Post Office, Kethun, Tehsil Ladpura, District Kota, presently posted at Primary Health Centre, Relawan, District Baran. (xxvii)Dr. Vivek Jain, aged about 29 years, son of Shri Virendra Kumar Jain, resident of Jain Mishthan Bhandar, Deori Tehsil Shahbad, District Baran, presently posted at Primary Health Centre, Devoj, District Baran. (xxviii)Ram Prasad Meena, aged about 39 years, son of Shri Kanwar Pal Meena, resident of Plot No. 98, Janakpuri, Jaipur (xxix)Rakesh Kumar Gupta, aged about 36 years, son of Shri B.D. Khandelwal, R/o Alwar, Rajasthan. .....Appellants-Petitioners Versus (i) Rajasthan Public Service Commission through its Secretary, Jaipur Road, Ajmer (ii)State of Rajasthan through Secretary, Medical and Health Department, Government of Rajasthan, Secretariat, Jaipur .....Respondents 8.D.B.Special Appeal (Writ) No.1559/2006(Def.) Dr. Sindhu Bhatia, D/o Shri Harmendra Singh, aged about 32 years, R/o C-1, Bhatia Bhawan, Nutan Market Pilani, District Jhunjhunu (Raj.) .....Appellant-Petitioner -11- Versus (i) The State of Rajasthan through Secretary, Department of Medical & Health, Government of Rajasthan, Secretariat, Jaipur (ii) The Secretary, Rajasthan Public Service Commission, Ajmer (iii)The Director, Medical & Health Department, Jaipur .....Respondents Date of Order :: 24th January, 2008 HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Sanjeev Prakash Sharma)for the appellant(s) Mr.Bipin Gupta ) Mr. Sunil Kumar Singodiya ) Mr. S.N. Kumawat for the respondents P.C. This group of eight special appeals is from the common order dated 3rd April, 2006 whereby the Single Judge disposed of 23 writ petitions. As the controversy in these matters is identical, we heard these eight appeals together and dispose them of by this common order. 2. For the sake of convenience, we shall refer the appellants in these group of appeals, `the petitioners' and Rajasthan Public Service Commission, `the Commission'. -12- 3. The Commission issued an advertisement No. 5/2003-04 on 21.1.2004 inter-alia for filling 369 vacancies of Medical Officers under the Rajasthan Medical and Health Service Rules, 1963. In the advertisement, it was mentioned that if the applications are received in large number and it was not possible or convenient to call all the applicants, then the Commission may short-list the applicants based on minimum prescribed eligibility in science and higher eligibility in experience or screening test for calling the limited number of applicants for interview. The petitioners who are ad-hoc temporary Medical Officers appointed under Rule 26 of the Rajasthan Medical and Health Service Rules, 1963 (for short, `Rules of 1963') challenged this condition before this Court. Inter-alia, the petitioners sought declaration that the persons who have put in three years ad-hoc service or more, shall not be made subjected to `screening test' for the purpose of short-listing and they may be allowed to directly interview in pursuance of advertisement dated 21.1.2004 and in case the petitioners are selected, they may be recommended for appointment. -13- 4. The Single Judge did not accept the case of the petitioners and dismissed the writ petitions by his order dated 3rd April, 2006. Aggrieved thereby, the present appeals have been preferred. 5. The contentions that were advanced before the Single Judge were reiterated before us. The decision of the Single Bench of this Court in the case of Dr. Rajendra Kumar Surekha Versus State of Rajasthan & Others, S.B. Civil Writ Petition No. 5424/1990, decided on 11.4.1994 was pressed into service by the counsel for the petitioners. It was submitted that from that judgment, the special appeal was preferred before the Division Bench which came to be dismissed and then matter was taken to Supreme Court by the Commission but the order of the Single Judge was not interfered with. The counsel also relied upon the decision of the Single Judge in the case of Dr. Bhanwar Singh Versus State of Rajasthan and Others (S.B. Civil Writ Petition No. 446/1994), decided on 15.9.1995, reported in RLR 1995 (1) page 487 and the decision of the Division Bench in the said matter reported in RLR 2001 (2) 149. The counsel, thus, submitted that this Court has on construction of identical rules -14- directed that the ad-hoc appointees on urgent temporary basis are not required to go through `screening test' by the RPSC pursuant to the advertisement and they are entitled to be called directly for interview. 6. It is pertinent to notice that the judgment of this Court in the matter of Dr. Rajendra Kumar Surekha was challenged by the Commission before the Supreme Court in special leave to appeal (Civil) No. 12740-12741/95. The Supreme Court disposed of the petition for special leave to appeal on 5.6.1995. Although the relevant portion of the said order has been quoted by the Single Judge in his order dated 3.4.2006, we deem it fit and proper to reproduce the relevant part of the said order here as well. “We have heard learned counsel for the appellant and respondents Nos. 1 and 2. In so far as the direction given by the High Court dispensing with the requirement regarding screening test in respect of respondents Nos. 1 and 2 and other adhoc appointees who have rendered service for three years or more,in the facts and circumstances of the present case, we do not consider it appropriate to interfere with the direction given by the High Court. We are,however, of the view that in the matter of selection for the two vacancies for the post of Lecturers in Medicine for the year 1990-91, the appellant-Rajasthan Public Service Commission may -15- consider the respondents Nos. 1 and 2 along with other applicants who are found eligible for appointment to the vacancies of the year 1990-1991 and who have submitted their applications. While considering, the Commission will take into account the performance and service record of the applicants who are in government service. Time for consideration is extended by four weeks. In the event of the respondents Nos. 1 and 2 being selected, their seniority will have to be decided by the appropriate authority in accordance with the relevant provisions of the Rules. The appeals are disposed of accordingly.” 7. In special leave to appeal (Civil) No. 12599-12602/96, Rajasthan Public Service Commission Versus Deepak Verma and Another, decided on 7.8.1998, the Supreme Court clarified in unmistakable terms that the directions contained in the order dated June 5, 1995 in civil appeals arising out of special leave petitions No. 12740-41/95 (Dr.Rajendra Kumar Surekha) were given in the facts and circumstances obtaining therein and the said directions cannot be treated as laying down the law regarding selection for appointment by the Rajasthan Public Service Commission, which has to be made in accordance with the relevant rules. In our view, therefore, the decision of -16- this Court in the case of Dr. Rajendra Kumar Surekha can not be cited as precedent. 8. The reliance upon the decision of this Court in the case of Dr. Bhanwar Singh is also mis-placed. The matter in Dr. Bhanwar Singh was also carried to Supreme Court by Rajasthan Public Service Commission in special leave to appeal (Civil) No. 14821/2001. While disposing of that special leave to appeal on 10.9.2001, the Supreme Court said in unmistakable terms that the order passed by the High Court is not to be treated as precedent. This is what the Supreme Court said: “Considering the facts and circumstances of the cases, particularly, the fact that some of the respondents are in service for more than ten years, the impugned order does not call for any interference under Article 136 of the Constitution of India. However, we make it clear that the order passed by the High court is not to be treated as precedent.” 9. Rule 19 of the Rajasthan Medical and Health Service Rules, 1963 reads thus: “19.Scrutiny of applications.- The Commission shall scrutinise the applications received by them and require as many candidates qualified for appointment under these Rules as seem to them desirable to appear before them for interview: Provided that the decision of the Commission as to the eligibility or otherwise of a -17- candidate shall be final.” 10. The Commission as a matter of policy has taken a decision that if number of applications exceed three times the posts so advertised, then number of candidates shall be called for interview on the basis of screening test. A close look at Rule 19 would show that upon receipt of the applications, the Commission scrutinises the applications so received and require the qualified candidates for appointment as may be found desirable to appear for interview. To achieve this, when number of applications exceed three times the posts so advertised, the holding of screening test to shortlist candidates cannot be said to suffer from any legal flaw. Merely because the petitioners were appointed on urgent temporary basis under Rule 26 of the Rules of 1963, they do not get entitled for being exempted from screening test. In no way they are class separate or different from other applicants insofar as screening test is concerned. 11. Moreover, we have been informed that most of the petitioners appeared in screening test and failed. Having failed the screening test, it is too late in the day for the petitioners to challenge the afore-noticed -18- condition in the advertisement and claim exemption. 12. All in all, the consideration of the matter by the Single Judge does not warrant any interference by us. 13. All these appeals are dismissed in limine. 14. We clarify, however, that the petitioner/s who were permitted to appear in the interview by this Court by way of an interim order, and, if they have passed the interview test, they will be empaneled by the Commission in the select list as per their merit. Having said that, we further clarify that this shall not be treated as a precedent.