Sangeet Lodha, J. - (1.) THESE writ petitions have been filed by the petitioners aggrieved by rejection of their candidature for the recruitment to the post of Professor (Swastha Vritta/Prasuti & Stree Rog/Sharir Kriya) on the ground of their not possessing the requisite qualification.
(2.) THE brief facts regarding the appointment of each of the petitioners on various posts, their qualification and the experience acquired, necessary for adjudication of the controversy raised, may be summarised thus: Dr. Pramod Kumar The petitioner holding the post of Medical Officer (Ayurved Chikitsak) in substantive capacity, was appointed against the vacant post of Demonstrator (Swasthya Vritta) vide order dated 29.10.93 issued by the Deputy Secretary, Department of Medical & Health (Gr. 4) Ayurved, in his own pay scale on temporary basis for a period of one year or till the availability of candidates selected by Rajasthan Public Service Commission (RPSC). Later, vide order dated 8.9.04 issued by the Department of Medical (Gr. 4) Ayurved, Government of Rajasthan, the posts of Demonstrator in Government Madan Mohan Malviya Ayurved College, Udaipur were abolished and the same were re -designated as 'Lecturer'. Vide order dated 7.1.05, the petitioner was directed to continue to work against the post of Lecturer till further orders. Vide order dated 15.2.12, the petitioner was posted for discharging duties of the post of Professor (Swasthya Vritta) for a period of one year or till further orders, whichever is earlier. Thereafter, the petitioner is continuously working against the post of Professor (Swasthya Vritta) till this date. Dr. Ramveer Sharma The petitioner worked as Demonstrator in Bhanwar Lal Duggar Ayurved Vishwa Bharti College, Sardarsahar, a Government aided institution during the period from 17.12.90 to 4.4.96. On being selected by RPSC, vide order dated 13.3.96, the petitioner was appointed on the post of Medical Officer (Ayurved Chikitsak) on probation for a period of two years. The petitioner joined duties on the post of Demonstrator on 6.4.96. Pursuant to the advertisement issued by the RPSC, the petitioner applied for selection to the post of Lecturer (Prasuti Rog). He was kept in the reserved list but could not be appointed on the said post on account of time limit of the reserved list having been expired. However, while continuing on the post of Ayurved Chikitsak, the petitioner was posted to discharge the duties of Lecturer (Prasuti Kaumar Bhritya) in Madan Mohan Malviya Government Ayurved College, Udaipur vide order dated 21.8.07 issued by the Deputy Secretary, Department of Medical & Health (Gr. 4) Ayurved for a period of six months or till the regularly selected candidate is made available by RPSC. In compliance of the said order, the petitioner joined duties on the post of Lecturer (Prasuti Kaumar Bhritya) on 29.8.07. The RPSC issued an advertisement dated 21.5.11 for selection on the post of Associate Professor (Prasuti & Stri Rog). The petitioner applied for selection to the post but his candidature was rejected on account of his being age barred and lacking in qualification of requisite experience of ten years as a Lecturer in the subject concerned. However, vide order dated 15.2.12 issued by the Deputy Secretary, Department of Ayurved, Government of Rajasthan, the petitioner was posted to discharge the duties as Associate Professor (Prasuti & Stri Rog). Thereafter, the petitioner is working on the said post till this date. Dr. Rekh Raj Meena On being selected by RPSC vide order dated 13.1.03, the petitioner was appointed on the post of Medical Officer (Ayurved Chikitsak) on probation for a period of two years. The petitioner joined duties on the said post on 21.1.03. However, while continuing on the post of Ayurved Chikitsak, the petitioner was posted to discharge the duties of Demonstrator in Madan Mohan Malviya Government Ayurved College, Udaipur. Later, vide order dated 8.9.04 issued by the Department of Medical (Gr. 4) Ayurved, Government of Rajasthan, the posts of Demonstrator in Government Madan Mohan Malviya Ayurved College, Udaipur were abolished and the same were re -designated as 'Lecturer'. Vide order dated 7.1.05, the petitioner was directed to continue to work against the post of Lecturer till further orders. Vide order dated 15.2.12, the petitioner was posted for discharging duties of the post of Professor (Sharir Kriya) for a period of one year or till further orders, whichever is earlier. Thereafter, the petitioner is continuously working against the post of Professor (Sharir Kriya) till this date. Vide advertisement dated 26.2.14 issued by the RPSC, the on -line applications were invited for recruitment to the posts of Professor and Associate Professor in different specialties under the provisions of Rajasthan Ayurvedic, Unani, Homepathic & Naturopathy Service Rules, 1973 (for short "the Rules of 1973"). The eligibility qualification prescribed for the recruitment to the post of Professor reads as under: "Professor: - (A) A degree in Ayurved from a University established by law in India or a statutory Board/Faculty/Examining body or Indian medicine or its equivalent as recognized under Indian Medicine Central Council Act, 1970; and (b) A Postgraduate Qualification in the subject/specialty concerned included in the Schedule to Indian Medicine Central Council Act, 1970; and (c) Total teaching experience of 10 years' in concerned subject is necessary out of which there should be 5 years teaching experience as Reader/Associate Professor in concerned subject Desirable -An eminent scholar with published work of high quality actively engaged in research."
(3.) THE petitioner No. 1 to 3 applied for recruitment to the posts of Professor (Swastha Vritta), Professor (Prasuti & Stree Rog) and Professor (Sharir Kriya) respectively. The candidature of the petitioners for recruitment to the posts applied for, stands rejected by the RPSC on the ground of their lacking in eligibility qualification regarding requisite experience of teaching.;