- (1.) The question for consideration in these two appeals is whether the creation of two cadres, consisting of Nursing Superintendent Grade I, Nursing Superintendent Grade II, Assistant Nursing Superintendent and Nursing Tutor (hereinafter called 'nursing cadre') and of Compounder Grade I, Compounder Grade II and Compounder Grade III (hereinafter called 'compounders cadre') under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter called 'rules') , is arbitrary and as such violative of Articles 14 and 16 of the Constitution of India.
(2.) The relevant facts are as under: Bansi Lal Sharma was appointed as Male Nurse in 1941. He qualified Punjab Nursing Registration council Examination in 1944 and was confirmed as Compounder Grade I in 1950. He was officiating as From the Judgment and Order dated 17/01/1983 of the Rajasthan High court in D. B. Spl. Appeal No. 43 of 1978 and D. B. S. A. No. 14 of 1975778 Sister Tutor when the Rules came into force in March 1966. He filed writ petition in the Rajasthan High court in 1971 challenging the creation of two separate cadres under the rules. It was pleaded that hitherto there was combined channel of promotion for compounders and nurses but the rules have arbitrarily deprived compounders Grade I of their right to promotion to the higher posts of Assistant Nursing Superintendent, Nursing Superintendent Grade II and Nursing Superintendent Grade 1. It was further urged that recruitment to the nursing cadre was confined to females alone which resulted in discrimination on the ground of sex and as such violative of Article 15 of the Constitution of India. Kan Singh, J. rejected the contentions of Sharma and held that there was no arbitrariness in creating two separate cadres for nurses and compounders. The learned Judge further found as a fact that males and females were both eligible for recruitment to the nursing cadre and as such repelled the attack on ground of Article 15.
(3.) Shanti Lal Jain, in the second case, was appointed compounder Grade IV in 1955. He was confirmed as compounder Grade I in the year 1959 and in March 1966 when the Rules were enforced, he was holding the post of Sister Tutor on officiating basis. He also challenged the vires of the Rules on the grounds of Articles 14, 15 and 16 of the Constitution of India. Dwarka Prasad, J. dismissed the writ petition holding that creation of two separate cadres did not infringe the equality clause and also that there was no discrimination on the ground of sex. Both Sharma and Jain filed separate special appeals before a division bench of the Rajasthan High court.;