CHAMPAK KUMAR TALUKDAR Vs. ASSAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE matter relates to appointment of Lecturer in Homoeopathic Medical Colleges in the State of Assam. THE petitioners involved in all the 4 (four) writ petitions are aggrieved by deprivation of participation in the process of selection for the said post on the ground of being not eligible in terms of the prescribed qualification and experience, which is "Post Graduate qualification in Homoeopathy or a degree in Homoeopathy with 4 (four) years of professional experience. THE qualification shall be the one included in the 2nd schedule of Homoeopathy Central Council Act, 1973 (hereinafter referred to as the Act)". All the writ petitions having raised the common issue which is as to whether the petitioners are eligible to offer their candidature for the said post in terms of the aforesaid qualification, they have been heard together.

(2.) THE few basic facts as may be necessary to answer the issue raised in each one of the writ petitions, are briefly discussed below:-

(3.) UNDER Section 24 of the Assam Homoeopathy Medicine Act, 1955, the Assam Homoeopathy Rules, 1958 have been framed. Rules 26 to 36 lay down the method and procedure for registration as Homoeopathic Practitioner. UNDER Rule 32, every practitioner, whose application for registration has been accepted by the Board is granted a certificate in form 'D'. Such a practitioner is also granted a licence to practice Homoeopathy in form 'E'. UNDER Rule 33, the Board prepares and maintain separate registers of Homoeopathic Practitioners of the State. According to the petitioners, the provisional experience referred to in the above qualification and experience obtained after a practitioner is granted a licence to practice homoeopathy and he is registered as Homoeopathic Practitioner.