Kalyan Dutta Sharma, C. J. - (1.) Dr. Chandra Kiran has invoked extraordinary jurisdiction of this Court by way of this writ petition under Article 226 of the Constitution.
(2.) The relevant facts giving rise to this writ petition may be briefly stated as follows:- The petitioner was promoted to the post of Professor in Gynaecology and Obstetrics on the recommendation of the Departmental Promotion Committee under Article 24 (3) of the Rajasthan Medical Services (Collegiate Branch) Rules, 1962, hereinafter referred to as the Rules, by an order dated June 18, 1969. Before her promotion she was Reader in Gynaecology and Obstetrics. While the petitioner was posted at Udaipur, Dr. Sheela Sharma, Professor and Head of the Department of Gynaecology and Obstetrics at Umaid Hospital Jodhpur was working as Superintendent of the said hospital. Dr. Sheela Sharma was due to retire on May 31, 1980. Hence, on May 19, 1980, the State Government passed an order that Dr. R. N. Singh, non-petitioner No. 3 would held the charge of the Superintendent, Umaid Hospital, Jodhpur, on the retirement of Dr. Sheela Sharma as he was the only Professor at that time. Thereafter, by an order of the State Government dated June 5, 1980, the petitioner was transferred as Professor and Head of the Department of Gynaecology and Obstetrics, Umaid Hospital, Jodhpur from Udaipur and she joined this post on June 7, 1980. After her transfer the petitioner set up her claim before the State Government that the functions of the Superintendent, Umaid Hospital, Jodhpur, may be entrusted to her, as there has been a consistent and long standing practice of entrusting functions of the Superintendent of this Hospital to the seniormost person in charge of the Gynaecology and Obstetrics or to the person heading this Department. Non-petitioner No. 3, apprehending that the State Government may pass orders making the petitioner Incharge of the functions of the Superintendent of this Hospital, instituted a suit against her and the State of Rajasthan in the Court of the Munsiff City, Jodhpur, on July 7, 1980, and prayed for a permanent injunction against the State of Rajasthan restraining the latter from removing him and from entrusting the functions of the Superintendent of this Hospital to the petitioner. The non-petitioner No. 3 applied for a temporary injunction also to this effect for maintaining status quo. As the suit had been filed by the non-petitioner No. 3 without giving notice to the State Government under S. 80, C.P.C. an ex parte ad interim order was passed by the Court on July 7, 1980, restraining the petitioner from replacing the non-petitioner No. 3. The petitioner filed a reply to the application for temporary injunction and the application was listed for arguments on July 14, 1980. On July 14, 1980, an additional affidavit was put in by non-petitioner No. 3 and the case was adjourned to July 15, 1980. On July 15, 1980, the ad interim injunction order dated July 7, 1980, was vacated against the petitioner, but it was confirmed against the State Government. Thereafter, aggrieved by this order, the petitioner preferred an appeal to the District Judge, Jodhpur. The appeal was allowed vide order of the District Judge, Jodhpur, dated Nov. 14, 1980. Thereafter, the State Government passed an order on Nov. 29, 1980, in favour of the petitioner entrusting to her the functions of the Superintendent, Umaid Hospital, Jodhpur. On Nov. 29, 1980, non-petitioner No. 3 instituted another suit in the Court of the Munsiff City, Jodhpur, and applied for temporary injunction against the State and the petitioner. This suit also was filed without giving any notice to the State Government under S. 80, C.P.C. However, the non-petitioner No. 3 obtained an ex parte injunction order restraining the petitioner from joining as Superintendent of the said Hospital. The petitioner preferred an appeal against the order of temporary injunction. The appeal was fixed for hearing on Dec. 4, 1980, with the consent of the parties. In the appeal a ground was taken by the petitioner that the civil Court has no jurisdiction to entertain the suit relating to a service matter and the remedy claimed in the suit can be granted by the Rajasthan Civil Services Appellate Tribunal, hereinafter referred to as the Tribunal. On Dec. 4, 1980, non-petitioner No. 3 presented an application before the District Judge, Jodhpur, that as he had already preferred an appeal against the order of the State Government dated Nov. 29, 1980, before the Tribunal and the matter is pending there and as the Tribunal has passed a stay order on Dec. 3, 1980, his suit as well as his application for temporary injunction had become infructuous. It was also stated in the application that the non petitioner No. 3 had already moved an application in the Court of the Munsiff City, Jodhpur, for withdrawal of his suit, but no order could be passed on his application as the record of the trial Court had been summoned by the District Judge for hearing and decision of the appeal filed by the petitioner against the order of temporary injunction. The learned District Judge passed an order that the appeal would be heard on Dec. 11, 1980. Upon having come to know about the appeal and the stay order passed by the Tribunal, the petitioner appeared before the Tribunal on Dec. 5, 1980 and filed a reply on Dec. 8, 1980, praying for vacation of the stay order on a date earlier than Dec. 12, 1980. The matter, however, came up before the Tribunal on Dec. 10, 1980, on which date a rejoinder was filed by the non-petitioner No. 3 and the appeal was ordered to be put up before the Tribunal on Dec. 12, 1980. On Dec. 12, 1980, the learned counsel for the non petitioner No. 3 sought an adjournment and the case was fixed on Dec. 15, 1980 on which date arguments were heard on the stay application and the case was fixed for passing final orders on the stay application on Dec. 18, 1980. On Dec.18,1980 the order was not pronounced and the petitioner's request for keeping the stay order in abeyance was turned down. Thereafter, several adjournments were given by the Tribunal at the instance of non petitioner No. 3 or otherwise and eventually the matter came up before it on Jan. 27, 1981, on which date arguments were heard on the stay application as well as on the appeal and the case was fixed for delivery of judgment on Feb. 6, 1981. The judgment was pronounced on Feb. 6, 1981 and the appeal filed by non-petitioner No. 3 was allowed by majority of the members of the Tribunal and the order of the State Government dated Nov. 29, 1980, was quashed. As against this final order of the Tribunal dated Feb. 6, 1981, the petitioner has moved this Court by way of writ petition on the grounds mentioned therein for quashing the decision of the Tribunal and for restraining the non-petitioner No. 3 from working as Superintendent, Umaid Hospital, Jodhpur.
(3.) In support of her contentions in the writ petition, Dr. Chandra Kiran petitioner has put in her affidavit and produced several documents marked Annexures 1 to 9. The writ petition was admitted by this Court on March 6, 1981 and notices were issued to the non-petitioners Nos. 1 to 3. Mr. M. C. Bhoot, Advocate, accepted notice on behalf of non-petitioner No. 3 while notices were served on the other two nonpetitioners Nos. 1 and 2 but nobody has put in appearance on their behalf in response to the notices. The writ petition was then listed for hearing on March 9, 1981 as the learned counsel for the petitioner prayed for early hearing and there was no objection from the other side.;