G.M.LODHA, J. - (1.) DR . R.N. Singh Professor of Paediatrics (Umed Hospital) in S.N Medical College Jodhpur has filed this special appeal Under Section 18 of the Rajasthan High Court Ordinance 1949 against the judgment of Hon'ble single Judge of this Court dated 23rd April, 1981 in S.B. Civil Writ Petition No. 366 of 1980 whereby the judgment of Rajasthan Civil Appellate Tribunal was set aside and the following writ was issued: As the Tribunal committed an error apparent on the face of the record in holding in its impugned judgment marked Annexure 9 that by appointing the petitioner as Superintendent, the State Government has enhanced her status and thereby adversely affected the right of the con -petitioner No. 3's seniority and varied his service conditions to his detriment in violation of the provisions of Article 14 and Article 16, the writ petition filed by Dr. Chandra Kiran is accepted and the impugned decision of the Tribunal marked Annexure 9 is set aside and the non -petitioner No. 3 is restrained from working as Superintendent, Umaid Hospital. Jodhpur. In the circumstances of the case, the parties are left to bear their own costs.
(2.) THE of erative portion of the judgment of the Service Tribunal which was quashed by Hon'ble single Judge reads as under: We however, feel that in professional posts like these, at the highest level of service much of the controversy could have been saved if a discreet action was taken by administrative action, either by arranging posting or by re -designating one of the junior persons as Additional Superintendent and redistributing powers in the Heads of the departments. It is, however, for the Government to see whether any such administrative arrangement can help the situation So far as this case is concerned, we are definitely of the view that by supporting a Professor as Superintendent it has enhanced the status and the incumbent acquired a superior status and if this is granted to the junior officer the appellant's right of seniority is affected and it varies his service condition adversely being discriminatory and it is violative of Articles 14 and 16 of the Constitution of India. Since the impugned order suffers from the above infirmities, we accept the appeal and quash the order dated 29th November, 1980 and direct that the Government shall either appoint the senior Professor as Superintendent or lay down a rational and uniform Principle for selecting and appointing Superintendent in various hospitals in the State. If necessary, they can also lay down criteria for determining seniority. It is not necessary to mention in details the facts giving rise to the dispute but a brief mention of the same may help in appreciating the controversy between the parties. At Jodhpur there happens to be Hospital known as Umed Hospital. This hospital is popularly known as Janana Hospital. It was primarily meant for the treatment of the females Since 1975 or so in addition to various units of Gynocology end Obstetrics, Department of Paediatrics was also opened. This Hospital caters the need of females both in connection with the deliveries of children and various female diseases. After the opening of the Department of Paediatrics additional facilities for children by Specialists had been provided. At present as per the undisputed facts there are three units of Gynocology and Obstetrics and one unit of Paediatrics in addition to other units The evolution of this hospital originated from historical necessity of providing separate hospital for females as per the old traditions and tendencies of the females separation from males in the erstwhile Princely State of Jodhpur. Of course with the advancement of Education during the last three decades, the old tradition of conservation of segregation of females from males have dis -appeared and now it is only a matter of history We have mentioned it in order to appreciate why this Hospital is known as Janana Hospital or a female hospital.
(3.) AFTER the establishment of the Medical College at Jodhpur which is now know as S.N. Medical College, this hospital is now looked -after by the teaching staff of the College. This is how Dr. R.N. Singh who is Professor of Paediatrics, is also Head of the Department of Paediatrics and the unit in this Hospital. The major Department of Gynocology and Obstetrics, are under Dr. Chandra Kiran, who is Professor of Gynocology and Obstetrics in this College.;