ASHOK KUMAR MATHUR, J. - (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. The petitioner has filed communication dated 2nd December, 1977 issued by the Deputy Secretary to Government of India, Ministry of Health and Family Welfare Department, in which it has been mentioned that the post graduate degree of Forensic Medicine awarded by the Lucknow University has been recognized for the period of one year only subject to fulfilling the various recommendations suggested by the Medical Council of India in the inspection report. It was clearly mentioned that the recognition is only temporarily for one year. In this back ground the learned counsel for the petitioner has submitted that Exbt. 2 is a recognition granted by the Government of India. Secondly he has submitted that Section 21 of the Indian Medical Council Act, 1956 (here in after referred to as the Act) is only for a limited purpose for putting the degrees in the Schedule and he has submitted that recognition or non -recognition of the degrees have no bearing for appointment of the persons in the Medical Colleges. It has further been submitted that the petitioner obtained the degree at the time when the qualification was temporarily recognised and if it has not been recognised later on then person can not be made to suffer. The learned counsel has further submitted that the recognition of degree is purely a fortutious circumstance and it should not come in the way of the petitioner for appointment in Rajasthan. He has challenged the validity of Ordinance 65 of University of Rajasthan. It has been contended that the Ordinance 65 of Rajasthan University is discriminatory because that the degrees imparted by the University of Rajasthan are not required to be recognized by the Medical Council of India whereas the degrees granted by the other Universities are required recognition of the Medical Council of India.
(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.;