DHARMENDRA KISHORE SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this writ petition challenging the order Annexure -1, whereby the petitioner has been found to be ineligible for the post of Lecturer in Forensic Medicine.

(2.) THE petitioner obtained his post graduate degree in Forensic Medicine from the Lucknow University in December, 1978. The petitioner was appointed on the post of Lecturer in Forensic Medicine through a Central Selection Committee on temporary basis. The post of Lecturers in Forensic Medicine were advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred as the Commission). In pursuance of this the petitioner applied for the post of Lecturer in Forensic Medicine and the Commission after examining his qualifications informed the petitioner vide Annexure 1 that since the post graduate degree recognised by the Lucknow University has not been recognized by the Medical Council of India, therefore, he is not eligible for the post of Lecturer in Forensic Medicine.

(3.) A reply has been filed on behalf of the respondents, and the Rajasthan Public Service Commission has taken the position that since the condition of Service of lecturers in Medical Colleges is governed by the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 ('hereinafter referred to as the Rules'.) Rule 13 of the Rules lays down the academic and technical qualifications. Rule 12 says that the incumbents shall possess such academic and technical qualifications and experience as laid down from time to time by the Rajasthan University for teaching staff in Medical College. The Rajasthan University has laid down the qualifications in the Hand Book of University of Rajasthan Volume I, Part II. Ordinance 65 and Chapter VII deals with the Faculty of Medicine and Pharmaceutics. Clause 3 of Chapter VII lays down that all the teachers in Medical Colleges should possess the requisite post graduate qualifications in the respective subjects of the University of Rajasthan and that in case of post graduate qualifications of other Universities and Statutory bodies, these must be recognized by the Medical Council of India. The contention of the respondent is that in view of the qualifications laid down by the Rules petitioner's post graduate qualification has not been recognized, therefore, the Public Service Commission has no choice except to reject the candidature of the petitioner being ineligible.