B L ASAWA Vs. STATE OF RAJASTHAN
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
STATE OF RAJASTHAN
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BALAKRISHNA ERADI -
(1.) THIS appeal by special leave arises out of a writ petition filed by the appellant herein in the High Court of Rajasthan, challenging the legality of the action of the Rajasthan Public Service Commission in issuing to the appellant the Communication - Annexure IV - dated 21/07/1973, stating that the appellant was not eligible for being considered for recruitment to the post of Lecturer in Forensic Medicine in the Government Medical Colleges in the State since he lacked the necessary academic qualifications specified in the advertisement and that consequently, the application of the appellant Stood rejected. There were also other incidental prayers in the writ petition for the issuance of an appropriate writ or direction to the Public Service Commission to refrain from finalising the selection. without considering the case of the appellant, and for a direction being issued to the State Government of Rajasthan not to accept the recommendations of the Public Service Commission in making appointments to the Post of Lecturer in Forensic Medicine to Medical Colleges in Rajasthan in case the appellant was not called for interview along with the other candidates.
(2.) A learned single Judge of the High Court allowed the writ petition holding that the Public Service Commission had acted illegally in treating the appellant as not possessing the requisite academic qualifications and in rejecting his candidature for the post of Lecturer in Forensic Medicine on the said ground. The State of Rajasthan and the Rajasthan Public Service Commission carried the matter in appeal before a Division Bench of the High Court. That appeal was allowed by a Division Bench by its judgment dated 30/10/1974. whereby the order Passed by the learned single Judge was set aside and the writ petition filed by the appellant was dismissed. Aggrieved by the said decision. the appellant has preferred this appeal after obtaining special leave from this Court.
The appellant secured the M.B.B.S. Degree from the University of Rajasthan in the year 1954 and after undergoing housemanship for one year, he was substantively appointed as civil Assistant Surgeon in the Rajasthan State Medical Service with effect from 26/05/1956. In 1962, the Rajasthan Medical Service was bifurcated into two branches, namely, (1) The Rajasthan. Medical Service and (2) The Rajasthan Medical Service (Collegiate Branch). Separate service rules known as the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (hereinafter called the Rules) were framed for the Collegiate branch and all appointments of teaching staff in the Government Medical Colleges in Rajasthan were thereafter governed by the said Rules. Under the provisions of the Rules, the post of Lecturer is to be filled up only by direct recruitment. It is laid down in Chapt. IV of the Rules which prescribes the procedure for direct recruitment that the appointments are to be made on the basis of selection by the State Public Service Commission. R. 12 lays down that "the candidate for direct recruitment to the' post specified in Parts A. B and C of the Schedule shall possess such academic and technical qualifications and experience -as is laid down, from time to time, by the Rajasthan University for the teaching staff in Medical Colleges." The post of Lecturers is included in part C of the Schedule to the Rules. Hence, for ascertaining the qualifications required for the post of Lecturer under the Rules one has to refer to the Rules relating to technical qualifications and experience laid down by the Rajasthan University for the teaching staff in Medical Colleges,
Clause (vii) of Ordinance No. 65 occurring in Chapter XX of the Handbook of the University of Rajasthan, Part II. Vol. 1, is the relevant provision wherein the University of Rajasthan has prescribed the academic and technical qualifications and experience required for eligibility for appointment as teachers in Medical Colleges. That clause is in the following terms :
"1. All teachers must possess a basic University or equivalent qualification entered in Schedules to the Indian Medical Council Act 1956, except in the non-clinical departments of Anatomy, physiology. Biochemistry, Pharmacology, Micrabiology, where non-medical teachers, to the extent of 30 Per Cent of the total posts of the department may be appointed to posts other than that of the Director or Head of the Department, who must necessarily hold a recognised medical qualification.
2. Medical men must be registered under the State Central Medical Registration Act and non-medical persons must be recognised as teachers with the University before appointments are made permanent.
3. All the teachers in Medical Colleges except Registrars and Demonstrators must possess the requisite post-graduate qualification in their respective subjects.
4. 50 Per Cent of the time spent in recognised research under the Indian Council of Medical Research or a University or a Medical College, after obtaining the requisite Post-graduate qualification be counted towards teaching experience for the post of Lecturer in the same or in allied subject provided that 50 Per Cent of the teaching experience shall be the regular teaching experience.
(3.) EQUIVALENT qualification referred to above and in the recommendations below shall be determined by the University of Rajasthan.
In case of specialities under Medicine Surgery the qualifications and experience should also be as scheduled below but in case the post has been advertised and suitable candidates are not available the qualifications can be relaxed."
This is followed by a tabular, statement headed 'Requirements of Special Academic Qualifications and Teaching Experience.' Column 1 of this table deals with the posts, Column 2 lays down the academic qualifications and Column 3 is about Teaching Experience. The table has a number of sub-headings according to the various specialities. The speciality of Forensic Medicine is given at P. 168 of the Handbook (1971 Edition). The relevant provision regarding "Lecturer in Forensic Medicine" is as follows :
5. On 3/03/1972, the Rajasthan Public Service Commission (for short, the Commission) issued advertisements inviting applications for the recruitment of two Lecturers in Forensic Medicine for Medical Colleges, Medical & Public Health Department in accordance with the rules.
6. The appellant had, by then, obtained the M. D. Degree in Forensic Medicine from the University of Bihar, Muzaffarpur in 1970 and had been functioning as Lecturer in Forensic Medicine in one of the Government Medical Colleges in Rajasthan on a temporary and ad hoc basis from Dec. 31, 1970 onwards.
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