G. M. LODHA, J. - (1.) THE Judgment of the Rajasthan Civil Services Appellate Tribunal, Jaipur accepting the appeal of Dr. Ishwari Prasad Garg is under challenge in these two writ petitions, which have been filed on identical grounds by the State of Rajasthan and Dr. H. K. Sharma. Though, detailed, prolonged and lengthy arguments were advanced by the learned counsel for the petitioner, the controversy centres round the interpretation of the relevant rules. It is not in dispute that Dr. Ishwari Prasad Garg was working as Reader in Anaesthesia in the year 1974 and was substantively appointed as Reader on 11/7/1975.
(2.) IN the writ petition filed by the State of Rajasthan as well as Dr. Sharma it has been challenged that though he was sent to Iran vide order dated 10/7/1975, in which it has been mentioned that he was being sent on deputation; but in fact, the word "deputation was misnomer and he was never sent on deputation. It is not disputed that he came back and reported on duty on 26/8/1979. During this period, Dr. O. P. Garg and Dr. H. K. Sharma, who were earlier working as Readers in Anaesthesia were promoted to the post of Professor. When Dr. Garg came back, he was ordered to be posted as Reader by order dated 23/6/1979 at Jawahar Lal Nehru Medical College, Ajmer. Dr. I. P. Garg was aggrieved by this order as in his opinion he fulfilled all the conditions for becoming a Professor and, therefore, he should have been considered for this post, and since he was not considered, the orders for promoting Dr. O. P. Garg and Dr. H. K. Sharma as Professor in Anaesthesia were bad in law and liable to be quashed. Hence, he filed appeal. One Dr. Maya Tandon, respondent No. 4, intervened. The Government sought the advice of the University as to whether the experience in Iran may be computed towards educational experience while giving promotion. The University of Rajasthan replied in affirmative in favour of Dr. I. P. Garg. The State made reference to the Medical Council of India on the same point. The Medical Council gave a contrary opinion.
(3.) THE Rajasthan Civil Services Appellate Tribunal was of the opinion that the deputation was sanctioned by the Government under Rules 143 and 51 of the Rajasthan Service Rules and, therefore, he was eligible for the benefit of the experience gained in Iran. THE Tribunal further held that the certificate issued by "red Lion and Sons Society" of Iran was admissible in evidence and therefore, Rule 142 was complied with and he was entitled for promotion under Rule 35 of the Rajasthan Service Rules as his period spent in Iran should be treated as on duty. The Tribunal further held that the experience laid down in the Rules of 1962 (Rajasthan Medical (Collegiate Branch) Rules, 1962-to be referred as the Rules of 1962 hereinafter), should be prescribed by the Rajasthan University and the opinion of the Medical Council was not relevant. The Tribunal placed reliance on Rule 23 (1) of the Rules of 1962 and held that the appellant was eligible for promotion. Both Mr. Khan, learned counsel for the petitioner and Mr. Sharma counsel for the appellant have challenged the above findings on various grounds. It is not in dispute that the qualifications and experience prescribed for the post of Professor which is to be filled up 100% by promotion is as under: - REQUIREMENTS OF SPECIAL ACADEMIC QUALIFICATIONS AND TEACHING/research EXPERIENCE Post Academic qualification Teaching experience ANAESTheSIOLOGY (a) Professor M. D. /m. S. (Anaesthesiology) F. F. A R. C. S. Specially Board Anesthesiology (USA) M. D. /m. R C. P. /f. R. C. P. or M. S. / F. R. C S. with D. A. , M. R. C. P. /f. R. C. S. (with Anesthesiology as a Special subject) or an equivalent qualification. As Associate Professor, Asstt. Professor, Lecturer in Anesthesiology for five years in a Medical College after requisite recognised post-graduate degree or an equivalent qualification. Of these five years at least three years must be as Associate Professor or Reader. ;