- (1.) Special leave granted.
(2.) This appeal relates to appointment on the post of Professor in 'Moalejat' (Medicine) in Government Unani Colleges in U.P. The U.P. Public Service Commission (hereinafter referred to as 'the Commission') issued an advertisement inviting applications for two posts of Professor in Moalejat. One of the essential qualifications prescribed for the said post was: "Ten years teaching experience of the subject (eight years only in case of post-graduate) including three years on the post of reader in a recognised institution." Dr. Saad Usmani, respondent herein, was one of the applicants for the said post. The question is whether he was eligible for consideration for appointment on the post. The respondent had worked as permanent demonstrator between May 15, 1980 to October 30, 1988. With effect from October 31, 1988 till November 22, 1990 the respondent worked as Lecturer in Moalejat. From November 23, 1990 onwards the respondent had worked as Reader in 'Kulliyat' (Fundamentals of Medical Science). The Commission was of the view that the respondent did not possess the requisite teaching experience and he was not called for interview. He filed a writ petition in the Allahabad High Court which has been allowed by the impugned judgment.
(3.) Before the High Court the case of the respondent was that his experience as Demonstrator should be taken into consideration for the purpose of computing the requirement of ten years teaching experience and reliance was placed on the decision of the Commission dated October 30, 1992. The High Court has accepted the said submission of the respondent and has held that since the respondent was employed as a full time Demonstrator his experience as Demonstrator from May 15, 1980 to October 30, 1988 should be counted and since the respondent had worked as Lecturer and also as Reader for three years, he had the requisite ten years experience.;