BELA M.TRIVEDI, J. - (1.) WITH the consent of the learned counsels for the parties, the petition has been heard finally at the admission stage.
(2.) THE petitioner in the instant petition has challenged the action of respondent No.2 -RPSC in selecting the respondent No.4 on the post of Associate Professor -Panchkarma though he did not possess the requisite qualification for the post, and in placing the petitioner at serial No.1 in the reserved list. He has also sought direction against the respondents to give appointment to the petitioner on the said post.
(3.) THE short facts giving rise to the present petition are that the respondent No.2 RPSC had issued the advertisement on 26.2.14 for the various posts of Professor and Associate Professor, in the Madan Mohan Malviya Government Ayurvedic College, Udaipur. As per condition No.2(kha) of the said advertisement, the educational qualification required for the post of Associate Professor was as under : - "Associate Professor: - (A) A degree in Ayurved from a University established by law in India or a statutory Board/Faculty/Examining body or Indian medicine or its equivalent as recognised under Indian Medicine Central Council Act, 1970; and (B) A Postgraduate Qualification in the subject/specialty concerned included in the Schedule to Indian Medicine Central Council Act, 1970; and (C) Teaching experience of 5 years, in concerned subject (Reader will be treated as Associate Professor); Desirable ; Research including Research degrees and has made some mark in the areas of scholarship as evidenced by quality or publication, contribution to educational renovation, design of new courses and curricula." The petitioner being Postgraduate in the subject Panchkarma and having teaching experience of more than 5 years had applied for the post of Associate Professor -Panchkarma. As per the case of the petitioner, the respondent No.4 being Postgraduate in the subject Kaya Chikitsa and not Panchkarma, was not qualified for the post in question as per the said condition of the advertisement. However, he was selected by the respondent No. 2 for the said post and the petitioner was placed in the reserved list as per the result dated 8.12.14 Annex.11 declared by the respondent No.2. According to the petitioner, the respondent No.4 was initially appointed on the post of Medical Officer in the Ayurvedic Department on 21.7.89, and thereafter was sent on deputation at Madan Mohan Malviya College, Udaipur on the post of Lecturer on 23.11.2001. Such appointments of the respondent No.4 and others as Lecturers are under challenge and made subject to the result of DBCWP No. 2576/11 which is pending before the Division Bench of this court. According to the petitioner, the Lecturers working on deputation or temporary basis cannot be considered for the post of Associate Professor as per the guidelines of the Central Council of Indian Medicine. The petitioner therefore has alleged that the respondent No.4 was neither Postgraduate in the concerned subject Panchkarma nor had the requisite teaching experience of 5 years in the said subject and therefore was not qualified to be considered for the said post.;