- (1.) This writ petition has been filed with the following prayers: J/i-The Respondent Commission may be restrained from making selection of any candidates who does not have 5 years experience In the speciality of Pediatrics (as distinguished from 5 years service as C.A.S.). If for giving the aforesaid relief it is considered necessary, the requirement of 5 years experience in the speciality as laid down in the Rules and has been referred to herein above may be declared to be invalid and may be struck down. J/ii-Alternatively, without prejudice to the aforesaid, it is submitted that the Respondent be directed to press into service General Note I and call the candidates to the extent of time as the petitioner for the interview and recommend those found suitable. J/iii-if for any reason the appointments to the post of Junior Specialists are made without considering the case of the petitioner, such appointments may be declared to be invalid and the orders made to this effect may be struck down. J/iv-All benefits consequent to above relief may be directed to be given to the petitioner. J/v-Any other directions, orders appropriate to the circumstances of the case may kindly; be issued in favour of the petitioner. J/vi-Cost of this writ be awarded.
(2.) The facts giving rise to the writ petition may be summarised thus. On December 31, 1982, the petitioner was appointed as C.A.S. He did M.D. in Pediatrics. He was posted as C.A.S. in the Government Hospital, Balotra vide order dated December 15, 1983 (Annexure 2). By order dated July 16, 1984 (Annexure 1), a post of C.A.S. (Pediatrics) was created in the Government Hospital, Balotra. The Rajasthan Public Service Commission (respondent No. 2) (hereinafter to be called 'the Commission') issued advertisement No. 2OF 1987-88 inviting applications for 21 posts of Junior Specialists (Pediatrics). Only 25 candidates were called for interview. The petitioner was not called. He submitted a representation (Annexure 3) to the Chairman of the Commission by with no avail.-Thereafter, this writ petition was filed along with a stay application. In pursuance of the order dated November 2, 1989 passed on the stay application, the petitioner appeared before the Commission and he was interviewed.
(3.) In reply to the show cause notice, the Commission admits that the said advertisement No. 2OF 1987-88 was issued for 21 post of Junior Specialists in Pediatrics, 25 candidates were called for interview, the petitioner applied for it and he was not called for interview as he did not fulfil the eligibility condition of five years' experience in the speciality concerned after post-graduation.;