RATHORE, J. - (1.) SINCE in all these writ petitions similar question of law is involved, these writ petitions are decided by this common judgment.
(2.) THE petitioners who are selected through RPSC and substantially appointed as Medical Officer/civil Assistant Surgeon, have filed these present writ petitions seeking writ order or direction that the circular/instruction so issued by the University of Rajasthan for Pre-P. G. Medical Examination 2004 for admission to MD/ms/diploma Courses by which adhoc/temporary/contract employees have been permitted to appear in the said Examination in the category of `in-service', be declared illegal. All those candidates who are working on adhoc/temporary/consolidated salary should not be treated as `inservice' candidates and their merit should be determined along with general candidates. Beside the aforesaid prayer the petitioner also challenged the provisions of validity of rule 9 of the Rajasthan Medical and Health Services Rules of 1963 (for short, the Rules of 1963) and the reservation given to the OBC candidates. This court vide order dated 31. 3. 2004 issued show cause notice to the respondents as to why this writ petition be not admitted and disposed of at the admission stage and in the stay petition, respondents were restrained to hold counselling for pre P. G. Course. The aforesaid matter was listed on the application under Article 226 (3) of the Constitution of India. After hearing arguments on the aforesaid application, the court allowed the doctors who are working as temporary/consolidated/adhoc to appear for counselling which was scheduled to be held on 16/17th May provisionally subject to the decision of the writ petition and shall not create any equity in their favour and the result of the counselling can only be declared after seeking prior permission of this court. On 24. 05. 2004, learned Additional Advocate General Mr. Mohd. Rafiq submitted that this court has permitted for counselling the doctors who were working on adhoc, temporary and contract basis, but until and unless they are allowed to join in the respective specialities, they cannot be considered for re- shuffling.
(3.) IT was also given out that Hon'ble the Supreme Court in case of MCI vs. Madhu Singh (1), has directed the MCI to fix the time schedule of PG Medicine & Superspeciality courses and as per time schedule of admission fixed by the Supreme Court, the last date of admission to PG course has been fixed as 31. 05. 2004 and prior to this, they have to undertake the reshuffling also. As informed by the Additional Advocate General re-shuffling was to be held on 26. 5. 2004. In view of the submissions made by the Additional Advocate General, this court modified the order dated 12. 5. 2004 and directed the respondents to consider the aforesaid categories provisionally in their respective superspeciality course for reshuffling subject to the decision of the writ petition and it will not create any equity in their favour. Learned Advocates appearing on behalf of the petitioners submitted that the petitioners are holding M. B. B. S. degree and are presently in the service of the Government as they were duly selected by the RPSC and appointed as medical officer. ;