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TMI Blog1982 (3) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... of an appropriate writ or direction to the Public Service Commission to refrain from finalising the selection without considering the case of the appellant, and for a direction being issued to the State Government of Rajasthan not to accept the recommendations of the Public Service Commission in making appointments to the post of Lecturer in Forensic Medicine to Medical Colleges in Rajasthan in case the appellant was not called for interview along with the other candidates. 2. A learned Single Judge of the High Court allowed the Writ petition holding that the Public Service Commission had acted illegally in treating the appellant as not possessing the requisite academic qualifications and in rejecting his candidature for the post of Lecturer in Forensic Medicine on the said ground. The State of Rajasthan and the Rajasthan Public Service Commission carried the matter in appeal before a Division Bench of the High Court. That appeal was allowed by a Division Bench by its judgment dated October 30, 1974, where by the order passed by the learned Single Judge was set aside and the writ petition filed by the appellant was dismissed. Aggrieved by the said decision, the appellant h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , to the extent of 30% of the total posts of the department may be appointed to posts other than that of the Director or Head of the Department, who must necessarily hold a recognised medical qualification. 2. Medical men must be registered under the State Central Medical Registration Act and non-medical 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 postgraduate 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% 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 experienc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court should issue an appropriate writ or direction cancelling the interview and selection conducted by the Commission as well as the consequential appointments given by the State Government to respondents 3 and 4 as Lecturers in Forensic Medicine. 7. The short point to be considered is whether the Commission was right in law in excluding the appellant from consideration on the ground that he did not possess the academic qualification prescribed by Clause (vii) of Ordinance No. 65 of the Rajasthan University Ordinances for the post of Lecturer in Forensic Medicine. 8. The qualifications prescribed for the said post by Clause (vii) of Ordinance No. 65 are : (1) A basic University (Degree ?) or equivalent qualification entered in Schedules to the Indian Medical Council Act, 1956. (2) Registration under the State/Central Medical Registration Act. (3) Post-graduate qualification in the concerned subject. (4) Two Years' experience of Medico-legal work. 9. The appellant is admittedly the holder of the basic Degree of M.B.B.S. from the Rajasthan University, which is a qualification entered in the First Schedule to the Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qualification that can be earned by virtue of passing an examination or test conducted by the concerned University. There can be declaration of equivalence only as between a degree etc. awarded by the concerned University and one obtained from a body different from the concerned University. When the University of Rajasthan does not conduct any examination for the award of the degree of M.L. (Forensic Medicine), there cannot be any question of declaration of 'equivalence' in respect of such a degree awarded by any University. Unfortunately, the State Public Service Commission as well as the Division Bench of the High Court failed to notice this crucial aspect. We may also point out that the declaration of 'equivalence' referred to in Section 23A of the Rajasthan University Act as well as in Clause (vii) of Ordinance No. 65 of the Rajasthan University Ordinances can only be in respect of qualifications other than basic or Post-graduate degrees awarded by other statutory Indian Universities in the concerned subjects. In the case of a Post-graduate degree in the concerned subject awarded by a statutory Indian University, no recognition or declaration of equivalence by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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