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3) Factual matrix of the case is that all the petitioners have qualified their M.B.B.S. Examination and they are presently undergoing the Compulsory Rotating Internship for a period of 12 months in terms of Clause 268(d) of the University Ordinance. Petitioners would complete their internship in two batches. While the first batch would complete such internship on 17/3/2011, another batch would complete this on 26/3/2011. The examinations for appointment on the post of Medical Officer were held by the RPSC on 5/10/2010 and thereafter interviews commenced from 12/1/2011 and would continue upto 14/2/2011. Explanation given by the RPSC below Note (2) of the advertisement dated 18/9/2009, inter-alia provides that for being eligible, a candidate must have completed rotating internship till the date of interview. Petitioners are aggrieved by that condition because according to them, if this period is further extended upto the date of completion of their internship; in other words, on completion of 12th month of their compulsory rotating internship respectively on 17/3/2011 and 26/3/2011, they would also be eligible and therefore would be entitled to compete for appointment against advertised posts.

4) Shri Rajendra Soni, learned counsel for the petitioners has argued that when the advertisement was issued by the RPSC, petitioners were made to believe that by the time interviews would be completed, they would complete their internship; thus would be eligible for appointment. The respondent-RPSC ought to have therefore suitably extended the date of interview upto the time petitioners complete internship. This court may therefore direct them to do so because petitioners acquired legitimate expectation by the action of the respondents. It is argued that dates of interview have been arbitrarily fixed by the RPSC on fictitious circumstances. There is no rational or nexus with the object sought to be achieved by fixing the interviews for the period from 12/1/2011 to 14/2/2011, which in any case would continue for more than one month, therefore the process of selection could have been continued even upto the time petitioners acquired eligibility. Learned counsel for the petitioners in support of his arguments, relied on the judgment of Orissa High Court in Dr.Nilammani Mohanty Vs. State of Orissa : AIR 2010 Orissa 28. Further argument of the learned counsel for the petitioners is that result of all the petitioners of the final year MBBS Examination was declared in January 2010. They have all been registered with the Rajasthan Medical Council. Registration Certificates issued to them by the Registrar of the Rajasthan Medical Council have been placed on record to substantiate this contention. It is argued that in those certificates, qualification of the petitioners has been shown as M.B.B.S. and Entry 11 Column 5 in Schedule-I appended to the Rajasthan Medical & Health Service Rules, 1963 (for short, Rules of 1963) regarding Medical Officer merely refers the qualification of M.B.B.S. as eligibility for appointment on the post of Medical Officer. Learned counsel argued that even the University Ordinance 267 also does not envisage the internship to be an integral part of the M.B.B.S. Examination and therefore degree of M.B.B.S. can be awarded even without internship and therefore petitioners cannot be held to be ineligible for appointment.

10) I have given my anxious consideration to the rival submissions of the parties and scanned the material available on record and case law cited on the subject.

11) The issue that needs to be dealt with first is whether eligibility qualification shown as M.B.B.S. in Entry 11 Column 5 in Schedule-I appended to the Rules of 1963 envisage the internship to be an integral part of the M.B.B.S. Examination or mere passing of the final year M.B.B.S. would suffice for the purpose of such eligibility. Before considering the cited judgments, relevant provisions governing the field have to be noticed and discussed. Clause (d) of Ordinance 268 of the University Ordinances inter-alia provides that the M.B.B.S. Degree shall be conferred after passing the Final M.B.B.S. Examination and after a candidate has undergone compulsory rotating Internship for a period of 12 months. Reading of this ordinance, leaves no manner of doubt that M.B.B.S. Degree shall not be considered as a valid degree for any purpose whatsoever, either for practice or for securing employment, unless a candidate has successfully undergone compulsory rotating internship for a period of 12 months. Only exception that has given in clause (d) of Ordinance 268 of the University Ordinances is that in case of hardship in genuine matters and in the very exceptional circumstances and that too on recommendation of the college, relaxation not exceeding of thirty days may be granted but we are not concerned with that.

12) Argument that was raised before the co-ordinate bench of this court in Ramesh Ku.Barayach supra was that for the post of Dental Surgeon under Column 5, the only qualification that was sought was B.D.S. and there was no condition of Internship mentioned, therefore, order of the respondents rejecting application form of the petitioner is liable to be set-aside. This Court held that a candidate as per the notification could only be eligible if he was having the requisite qualification on the last date of submission of application form. Although, as per Column 5, requisite qualification shown was B.D.S. however, a perusal of the Internship Regulation Examination Scheme of B.D.S. prescribed by the Dental Council of India and approved by the Central Government shows that for acquiring a B.D.S. degree, a candidate is required to undergo compulsory Rotating Internship of one year; only thereafter, he can be considered eligible for award of B.D.S. degree. In the present case, although no similar regulations of the Medical Council of India have been cited by either of the parties but this Court must proceed on the footing that similar regulations must be available even for M.B.B.S. degree and it is in conformity therewith that such provisions have been incorporated in the University Ordinances.