- (1.) Heard learned counsel for the parties.
(2.) The instant writ petition has been preferred by the petitioner Dr.Govind Narayan Purohit with the following prayers :- "It is, therefore, most respectfully prayed that by an appropriate, writ order or direction :- (i) rule 31 of the Rules of 1962 as reproduced above and rule 3(k) of the Rules of 1962 be declared as unconstitutional and ultra vires Articles 14 and 16 of the Constitution of India. (ii) or in the alternative, the non-petitioner be directed to determine the seniority of the petitioner while taking into consideration his services in pursuance of the order dated 20/22.4.1978 and to assign him appropriate place in the seniority list of lecturers of E.N.T. and to give all consequential benefits ; (iii) any other order/relief (s) which may be considered just and proper in the facts and circumstances of the case may kindly be passed; (iv) writ petition be allowed with cost."
(3.) Since the petitioner had challenged the validity and vires of Rule 31 of the Rajasthan Medical (Collegiate Branch) Rules, 1962 (for short, referred to herein after as 'the Rules of 1962'), the matter was initially placed before the Division Bench but thereafter, during the pendency of the instant writ petition, the validity of an analogous Rule {Rule 31 of the Rajasthan Subordinate Engineering (Building & Roads Branch) Service Rules, 1973} was upheld by the Division Bench in the case of Jagdish Chandra. vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.759/1984) by judgment dated 12.8.1988, whereafter this Court by order dated 4.12.1992 directed the writ petition to be listed before the Single Bench.;