S.C.AGRAWAL, J. - (1.) BOTH these special appeals raise common questions relating to the validity of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter reffered to as 'the Rules' ).
(2.) THE Rules have been made by the Governor of Rajasthan, in exercise of the power conferred on him by the proviso to Article 309 of the Constitution of India, for the purpose of regulating the recruitment to the posts in and the conditions of service of persons appointed to the Rajasthan Medical and Health Subordinate Service ( hereinafter referred to as 'the service'). The Rules were published in the Rajasthan Gazette dated 16th March, 1966 and they came into force with effect from that date. Rule 4 of the Rules relates to composition and strength of the Service and the said rule, as originally framed, laid down that the Service shall consist of eight groups specified in the Schedule to the Rules. The number of groups specified in the Schedule to the Rules was subsequently increased and Rule 4 was also correspondingly amended. The said Rule further provides that the right of promotion shall be confined to each group except to the extent specified in the Schedule. In the Schedule to the Rules, as originally enacted, there were eight groups i.e. Groups 'A' to 'H'. Group A included six posts of (1) Matron Gr. I, (2) Matron Gr. If, (3) Asstt. Matron, (4) Sister or Sister Tutor, (5) Staff Nurse and (6) Midwife and Auxiliary Nurse Midwife. As regards recruitment to the post of Midwife and Auxiliary Nurse Midwife, it was provided that recruitment shall be made 100% by direct recruitment and that the minimum qualifications that were prescribed for the said post were Auxiliary Nurse Midwifery and V11I standard passed. For the post of Staff Nurse, it was provided that recruitment shall be made 75% by direct recruitment and 25% by promotion from amongst Midwife and Auxiliary Nurse Midwife. The qualification that was prescribed for direct recruitment was P.N.R.C or its equivalent qualification recognised by Government. For the purpose of promotion 7 years trained and service as Midwife and Auxiliary Nurse Midwife was prescribed. For the post of Sister or Sister Tutor, recruitment was to be made 25% by direct recruitment and 75% by promotion from the post of Staff Nurse. Qualifications that were prescribed for direct recruitment were R.N.C.R. or its equivalent qualification recognised by Government, Registered 'A' grade Nurse, Sister Tutor's course passed and three years experience as Staff Nurse. For the purpose of promotion, the requirement was five years service as Staff Nurse or four years service as Staff Nurse out of which three years continuous service should be in operation theatre or three years service as Staff Nurse with Sister Tutor certificate. A note was appended that the post of Sister Tutor, Sister Tutor's certificate was compulsory. For the post of Assistant Matron it was provided that recruitment would be made 25% by direct recruitment and 75% by promotion from the post of Sister or Sister's Tutor. The qualifications that were prescribed for direct recruitment were R.N.C.R. or its equivalent qualification recognised by Government, Registered 'A' grade Nurse, Sister Tutor's course passed, and seven years experience out of which atleast three years should be as Sister Tutor For the purpose of promotion, it was necessary to have two years service as Sister or Sister Tutor. For the post of Matron Gr. II, the recruitment was to be made 25% by direct recruitment and 75% by promotion from the post of Assistant Matron. The qualifications that were prescribed for direct recruitment were R.N C.R. or its equivalent qualification recognised by Government, Registered 'A' grade Nurse.
(3.) SISTER Tutor's course passed and ten years experience out of which four years should be as Sister Tutor and three years as Assistant Matron or at an equivalent, post. For the purpose of promotion, it was necessary to have two years service as Assistant Matron. For the post of Matron Gr. I, it was provided that the recruitment should be made 50% by direct recruitment and 50 by% promotion from the post of Matron Gr. II. The qualifications that were prescribed for direct recruitment were R.N.C.R. or its equivalent qualification recognised by Government, Registered 'A' grade Nurse, Sister Tutor course passed and twelve years experience out of which four years must be as Sister Tutor and three years as Matron Gr. II or at an equivalent post. For promotion, it was necessary to have three years service as Matron Gr. II.;