RATHORE, J. - (1.) SINCE all these writ petitions are involving similar question of law and facts, the same are decided by this common judgment.
(2.) IN the writ petition preferred by Dr. Rakesh Soni & Others, the petitioners who were in service Medical Officers and regularly selected by the RPSC and serving as Medical Officer at different Health Centers, are challenging the consideration of candidates for admission in P. G. course in the category of in- service who are serving on contract basis. The University of Rajasthan issued an Instruction Booklet of Pre P. G. Medical Examination for Admission to MD/ms Diploma Course in the Medical Colleges of Rajasthan. Candidates eligible as per the Ordinance 278-E and 278-G of the University of Rajasthan were required to appear in the aforesaid Examination. Total seats for admission to MD/ms/diploma courses to be filled by the aforesaid examination are 432. Out of which, 50% are to be filled in on the basis of result of All India Basis. Remaining 50% are available for Pre-PG Medical Examination 2006 of the State. Out of which, 50% seats are available for allotment to In-service candidates and 50% for non-service candidates. The eligibility criteria for Pre P. G. Medical Examination for admission to MD/ms Diploma Course under In-service category is the candidate should be- 1. In-Service of State Government of Rajasthan; 2. Below the age 45 years; and 3. Should have completed atleast three years of service in Rural areas of the State of Rajasthan or two years of continuous service of Rural areas of Desert/hilly or Tribal parts of the State (Rural areas are defined as a rural area where Rural allowance is admissible to the doctors ). The main challenge of the petitioners is with regard to the contract doctors as they cannot be considered as a member of service. Thus, the benefit of In-service category cannot be extended in favour of the doctors who are working on contract basis.
(3.) LEARNED Senior Counsel Shri Bajrang Lal Sharma appearing on behalf of the petitioners referred Rajasthan Medical Health Service Rules 1963 (for short, "the Rules of 1963" ). More particularly referred Rule 2 (f) of the Rules of 1963 which reads as under:- " Members of the service" means a person appointed in a substantive capacity to a post in the service under the provisions of these rules or orders superseded by these rules and includes a person placed on probation. In Rule 2 (g), "service" means the Rajasthan Medical and Health Service. After referring the definition clause, learned counsel for the petitioners referred Part-III which deals with the Recruitment and Rule 6 speaks about the method of recruitment which is reproduced as under: " Recruitment to the Service after the commencement of these rules by the following methods- (a) by a direct recruitment in accordance with Part-IV of these rules; (b) by promotion in accordance with Part-V of these rules; (c) transfer from amongst persons holding substantively post of Junior Specialist in any other speciality provided he possesses the necessary qualification and experience prescribed in the Schedule for promotion to the post sought to be filled by transfer. ;