ARUN KUMAR DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who offered his candidature for the post of Assistant Professor (Kshara Evam Anushastra Karma) in the Department of Shalya Tantra, Faculty of Ayurveda, Institute of Medical Sciences, Banaras Hindu University (''the University'), has preferred this writ petition on being aggrieved of the communication dated 11.11.2013, whereby the representation for his inclusion in the interview was rejected on the ground that he was not possessing the requisite experience. The petitioner has sought quashing of the impugned order dated 11.11.2013; and a writ of mandamus commanding the respondents to quash the entire selection process and to conduct the same afresh by considering his case in accordance with law.

(2.) The candidature of the petitioner has been rejected by the respondent University on the ground that he is not fulfilling the requirement of experience and hence, is not carrying the essential qualification for the post in question. The petitioner, on the other hand, asserts that in the first place, as per the Rules and Regulations governing the field, no experience is required for the post of Assistant Professor; and secondly, if at all any experience is required, he is possessed of the same.

(3.) Elaborating on the aforesaid two limbs of submissions, the learned counsel for the petitioner has referred to the contents of the Indian Medicine Central Council (Postgraduate Ayurveda Education) Regulations, 2005; the Indian Medicine Central Council (Post-graduate Ayurveda Education) Regulations, 2012; and the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) (Amendment) Regulations, 2012. For the sake of convenience and brevity, these Regulations are referred hereinafter as ''the PG Regulations of 2005'; ''the PG Regulations of 2012'; and ''the Minimum Standards Regulations of 2012' respectively. The learned Counsel has contended that under the PG Regulations of 2005, of course, there had been the requirement of three years' professional experience for the post of Lecturer (now Assistant Professor) but then, the PG Regulations of 2012 were issued in supersession of the PG Regulations of 2005; and thereunder, the aforesaid requirement, as contained in clause 16 of the PG Regulations of 2005, was totally done away with. Hence, according to the learned counsel, the requirement of experience does not exist at all in the applicable Regulations. The learned Counsel has also referred to the communication of the Secretary of Central Council of Indian Medicine (CCIM) dated 20.02.2013 (Annexure-1), stating that as per the amendment of the year 2012, the experience and qualifications as amended would be applicable for the said Regulations having been framed under the Central Act i.e., the Indian Medicine Central Council Act, 1970.