BERI, C. J. - (1.) THIS is a special appeal by the State of Rajasthan against the order of a learned Single Judge of this Court dated March 29, 1974 partly allowing the writ petition filed by respondent Dr. B. L. Asawa.
(2.) DR. B. L. Asawa, the respondent before us, passed his M. B. B. S. Examination from the University of Rajasthan in the year 1954 and was substantively appointed as a Civil Assistant Surgeon in the Rajasthan Medical Service with effect from May 26, 1956. He secured the degree of M. D. (Forensic Medicine) from the University of Bihar, Muzzaffarpur in the year 1970. Thereafter he was appointed as an officiating Lecturer in Forensic Medicine at the S. M. S. Medical College, Jaipur on purely ad hoc and temporary basis with effect from January 4-1971 by the order of the State Government dated December 31, 1970 as modified on February 14, 1972. The Rajasthan Public Service Commission (hereinafter referred to as "the Commission") advertised two posts of Lecturers in Forensic Medicine for Medical Colleges in Rajasthan on March 3, 1972 in accordance with the Rajasthan Medical Services (Collegiate Branch) Rules, 1962 (hereinafter called' the Rules'. The respondent, Dr. Asawa was one of the applicants for the aforesaid posts, but the Commisstion by its letter dated July 21, 1972 informed him that his application was rejected as he did not possess the necessary academic qualifications for the said post. Dr. Asawa thereupon filed a writ petition under Art. 226 of the Constitution in this Court and contended that he fulfilled the requisite academic qualifications for the post of Lecturer in Forensic Medicine, as prescribed under the Rules and prayed that the order of the Commission dated July 21, 1972 be quashed and the Commission be restrained from holding interview for selection to the post of Lecturer in Forensic Medicine for the Medical Colleges in Rajasthan, without considering his case simultaneously along with other candidates and the State Government be restrained from making appointments on the aforesaid posts. As in the meanwhile, two persons namely, Dr. Bhanu Prakash Gupta and Dr. P. Dayal were selected by the Commission for the two posts of Lecturers in Forensic Medicine, Dr. Asawa amended his writ petition with the permission of the Court, and made the aforesaid two persons parties to the writ petition and further prayed that the interview and selection of the candidates by the Commission for the posts of Lecturers in Forensic Medicine and the recommendations made by the Commission to the State Government be set aside and cancelled and also the order of the State Government making appointments of the aforesaid two persons as Lecturers in Forensic Medicine on the basis of such recommendation be set aside. It may be mentioned here that Dr. Bhanu Prakash Gupta obtained the degree of M. D. (Forensic Medicine) from the University of Lucknow and Dr. P. Dayal obtained the same degree from the Patna University. The Commission and the other respondents contended in answer to the writ petition that Dr. Asawa was not qualified according to the Rules as he did not possess the requisite academic qualifications prescribed for the post of Lecturer in Forensic Medicine. However, the Learned Single Judge came to the conclusion that Dr. Asawa was duly qualified for the post of Lecturer and there was no sound legal basis for the Commission to reject his candidature and that there was no reason for denial of equal opportunity to him to seek employment under the State Government on the post of Lecturer in Forensic Medicine. He, therefore, by his order dated March 29, 1974 allowed the writ petition in part, set aside the order of the Commission dated July 21, 1972 and directed it to re-scrutinise all the applications that were received in pursuance of its advertisement and dispose them of suitably, He also directed that the respondents No. 3 and may be continued on ad-hoc basis in the meantime, subject to the final recommendations of the Commission and the orders of the State Government. The State Government has now come up in appeal against the aforesaid order passed by the learned Single Judge.
(3.) THE short question which arises in the present appeal is as to whether the respondent Dr. Asawa possessed the minimum academic qualifications prescribed for the post of Lecturer in Forensic Medicine. It is agreed by all parties that the appointments to the post of Lecturer in Forensic Medicine in the Medical Colleges in Rajasthan are governed by the Rules Rule 12 prescribes the academic and technical qualifications for the posts included in the Service and the Post of Lecturer in Forensic Medicine is one of them, being included in the Schedule annexed to the Rules. Rule 12 reads as under: "r. 12. Academic & Technical qualification - THE candidate for direct recruitment to the posts specified in part A, B & 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 leaching staff in Medical Colleges. " Thus the qualifications, academic and technical, prescribed by the Rajasthan University, at the relevant time, have been adopted by the Rules for appointment of persons by direct recruitment to the posts included in the Service. THE requisite qualifications are laid down by the University of Rajasthan by means of Ordinance No. 65 occurring in Chapter XX of the Handbook of University of Rajasthan, Part II, Volume I. THE special academic qualifications and teaching experience in respect of teachers in Medical Colleges have been prefaced by the following general conditions: 1. All teachers must possess a basic University or equivalent qualification entered in Schedules to the Indian Medical Council Act, 1956. 2. Medical men must be registered under the State/central Medical Registration Act and nonmedical 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% 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. 5. Equivalent qualification referred to above and in the recommendations below shall be determined by the University of Rajasthan. 6. In case of specialities under Medicine and 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. " The special academic qualifications for the post of Lecturer in Forensic Medicine as laid down by the University of Rajasthan in Ordinance No: 65 are - "m. D. (Path.), M. D. (Forensic Medicine), Speciaiity Board of Pathology (U. S. A.), M. D / M R. C. P. /f. R. C. P. (with Diploma D. F. M.), M. R. C. P. (with Forensic Medicine as special subject) or equivalent qualification or post of relevant degree or equivalent qualification in Medicine or Surgery. " Now we have to consider as to whether the respondent Dr. Asawa fulfills the requisite academic qualifications laid down by Ordinance No. 65 of the University of Rajasthan. There is no dispute that the respondent Dr. Asawa fulfills condition No. 1 mentioned above, namely, that the possesses the basic University qualification namely, M. B. B. S. degree from a recognised Medical College. Condition No. 3 mentioned under Ordinance No. 65 relating to teachers in Medical Colleges expressly provides that Lecturers must possess requisite post graduate qualification in their respective subject. What is the requisite post-graduate qualification in respect of the post of Lecturer in Forensic Medicine? The relevant entry in the Schedule mentions the requisite qualification as M. D. (Forensic Medicine) or equivalent qualification, leaving aside other qualifications, which are not relevant for our present purpose. The provision implies that such degree should have been awarded or recognised by the University of Rajasthan or declared by it as equivalent thereto. Condition No. 5 lays down that equivalent qualification shall be determined by the University of Rajasthan. ;