B L ASAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by special leave arises out of a writ petition filed by the appellant herein in the High Court of Rajasthan, challenging the legality of the action of the Rajasthan Public Service Commission in issuing to the appellant the Communication - Annexure IV - dated 21/07/1973, stating that the appellant was not eligible for being considered for recruitment to the post of Lecturer in Forensic Medicine in the Government Medical Colleges in the State since he lacked the necessary academic qualifications specified in the advertisement and that consequently, the application of the appellant Stood rejected. There were also other incidental prayers in the writ petition for the issuance 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 30/10/1974. whereby 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 has preferred this appeal after obtaining special leave from this Court.

(3.) EQUIVALENT qualification referred to above and in the recommendations below shall be determined by the University of Rajasthan.