CHATURVEDI Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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(1.)BY these writ petitions under Art, 226 of the Constitution of India the appointment of Dr. D.G. Ojha and Dr. P.L. Rishi, as Professors of Surgery and Principals of Medical Colleges in Bikaner and Jodhpur respectively, and of Dr. P.D. Mathur as Principal of Medical College at Udaipur have been challenged.
(2.)WRITS Nos. 599 of 1966 and 99 of 1967 have been filed by Dr. Rampal Chaturvedi and Dr. Mohanlal Gupta respectively and are directed against Dr. D.G. Ojha. Similarly Writs Nos. 98 and 100 of 1967 have been filed by Dr. Mohanlal Gupta and Dr. Rampal Chaturvedi respectively and are directed against Dr. P.L. Rishi. Writs Nos. 94 and 97 of 1967 have been filed by Dr. Rampal Chaturvedi and Dr. Mohanlal Gupta respectively and are directed against Dr. P.D. Mathur. Writ No. 1396 of 1966 has been filed by one Kailash Narain, a student of the Jodhpur Medical College, and is directed against Dr. P.L. Rishi. Since all the writs involve common questions, we propose to dispose them of by a single judgment. For the sake of convenience we would take the case against each of the non -petitioners, i.e., Dr. D.G. Ojha, Dr. P.L. Rishi and Dr. P.D. Mathur separately. We may here state that similar two writ petitions were filed questioning the appointment of Dr. S.P. Wanchoo but since Dr. S.P. Wanchoo had retired during the pendency of these writ petitions the cases instituted against him have been withdrawn.
Dr. Ojha passed M.B.B.S. examination in 1939 and in 1943 he took his post -graduate degree M.S. He has to his credit total professional experience of about 27 years, out of which he had 17 years' experience as a specialist and 2 1/2 years' administrative experience as Head of Teaching Department. He was appointed as Professor of Surgery and officiating Principal of Sardar Patel Medical College, Bikaner, by the order of the State of Rajasthan dated 2 March 1964 (vide Ex. 9 in Writ Petition No. 599 of 1966). It is alleged that the State Government requested the University of Rajasthan to waive the condition of teaching experience as prescribed in the University Rules in the case of Dr. Ojha for the post of Professor and Head of Department of Surgery but the Syndicate of the University of Rajasthan refused to relax the condition. It is contended that Dr. Ojha's appointment to the post of Professor of Surgery being in derogation of the Statute 30 and Ordinance 65 made by the University of Rajasthan, is illegal and so also his appointment as Principal, as he does not fulfil the requisite qualifications for appointment to the post of Principal prescribed by the University.
(3.)DR . P.L. Rishi passed his M.B.B.S. examination in 1942 and obtained the post -graduate qualification of F.R.C.S. in 1949. He has to his credit; professional experience of about 24 years, out of which he had experience as a specialist for 14 1/2 years. He was appointed as Principal, Medical College, Jodhpur, by order dated 23 July 1966 (vide Ex. 9 in Writ Petition No. 100 of 1967), and his appointment as Professor and Principal has also been challenged on identical grounds as in the case of Dr. Ojha.
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