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Judgment
This bunch of writ petitions has been filed to challenge the Notification dated 16.8.2011. In the writ petitions being DBCW Pet. No.8750/17, DBCW
No.13225/11 and DBCW Pet. No.9035/2016, the challenge was even made to the orders dated 16.2.2017, 16.5.2017 apart from the order dated
17.4.2017. The writ petitions are thus having different grievances but involving common questions, hence directed to be heard together.
Brief facts giving rise to the litigation in the writ petitions can be summarized as follows:
All the petitioners were recruited under Rajasthan Medical Services (Collegiate Branch) Rules, 1962 (hereinafter referred to as ‘the Rules of
1962â€). They worked in the Dental Wing of Medical College. The options were given to them for Super-Speciality in Dental Courses. It was
accepted, and whoever had done it, were assigned the work accordingly. They continued to work under the Rules of 1962.
A decision was taken by the Government to create separate Dental College. A notification for it was issued on 4.7.2000. All the petitioners were
taken under the Dental College. They were given promotion from time to time in consonance to the Rules of 1962. While the petitioners were working
in Dental College, the State Government came out with Rajasthan University of Health Science Act, 2005 (hereinafter referred to as ‘the Act of
2005â€). After the establishment an University by the Act of 2005, a decision was taken to bring Dental College under the University as its constituent
college. A notification for it was issued on 16.8.2011.
Since the Government Dental College was made as a constituent college of University, initially, all those working under the Dental College were
continued as such. It was than made on deputation. A decision was taken to give option for the service under Rajasthan University of Health
Sciences. Certain Associate Professors and Professors opted for services of Rajasthan University of Health Sciences while others refused to do so.
In the first two writ petitions, a challenge has been made to the notification dated 16.8.11 to make Government Dental College to be a constituent
college of University. The further challenge is to the option for absorption and till then to continue on deputation.
The counsel for the parties have made reference to certain letters issued by the Government to allow the petitioners on deputation, and at the same
time, subsequent orders to withdraw it. The present writ petitions were filed to challenge to the notification dated 16.8.2011 and the orders. After
hearing the arguments at length, it was submitted by the parties that if the petitioners are given one more chance to opt for the service under the
University, the grievance can be resolved. The challenge to the notification dated 16.8.2011 or other orders pertaining to deputation would not be
required to press. It has come on record that same petitioners are due for retirement within few months and others within a period of 2 or 3 years.
Initially, the court was of the opinion that the University and the Government should find out the possibility of a further chance of option for absorption
in the services of the University but the counsel submit that this court may pass appropriate order to resolve the issue. Thus looking to the facts of this
case and as due to pendency of litigation, the University is unable to fill the post after advertising it, this court is passing the order to resolve the issue.
The grievance of the parties can be resolved if a direction is given to the respondents to provide one more opportunity to the petitioners to opt for
services under the University and whoever opts for it, necessary orders be passed. Whoever fails to opt services under the University, should be sent
back to the Government to be governed by the Rules of 1962. Anyone opt for service under the University, would be entitled to get benefit as are
available under the Rules for all purpose. The University would be at liberty to make further selection to different posts which includes the post of
Principal, Dental College, though it is not a cadre post till date. The requirement of post of Principal is in the light of the guidelines of the Dental
Council of India. The cadre post is of Dean. The University can appropriately amend the rules, to make the post of Dean cum Principal so as to bring
the post in the cadre and to make recruitment after giving opportunity to all the eligible candidates. It is for smooth and effective administration of the
Dental College.
In view of the above, this court is not inclined to interfere in the Notification dated 16.8.2011 so as the orders under challenge. All the writ petitions
are disposed of with the direction to the respondents to give one more option to the petitioners to opt for the services under the University specifying
the time for option. Whoever opts for the services under the University, would be absorbed. It is made clear that if anyone fails to opt for services
under the University within the time given for option, it would be presumed to be a refusal and thereby would be reverted back to the service under
the Rules of 1962.
The University would be at liberty to make selections on different posts. The arrangement of aforesaid has been directed to resolve the problem
amicably after hearing the arguments at length.
Accordingly, directions given above would be carried out by the respondents at the earliest by specifying the period for option. If any dispute remain in
regard to the benefit on absorption, the petitioners would be at liberty to take remedies.
The interim order passed by this court would continue till the direction given above are complied.
With the aforesaid, these writ petitions are disposed.
A copy of the order be placed in each connected file.