STATE OF RAJASTHAN Vs. B L ASAWA

JUDGEMENT

(1.) THIS is a special appeal by the State of Rajasthan against the order of a learned Single Judge of this Court dated March 29, 1974 partly allowing the writ petition filed by respondent Dr. B. L. Asawa.

(2.) DR. B. L. Asawa, the respondent before us, passed his M. B. B. S. Examination from the University of Rajasthan in the year 1954 and was substantively appointed as a Civil Assistant Surgeon in the Rajasthan Medical Service with effect from May 26, 1956. He secured the degree of M. D. (Forensic Medicine) from the University of Bihar, Muzzaffarpur in the year 1970. Thereafter he was appointed as an officiating Lecturer in Forensic Medicine at the S. M. S. Medical College, Jaipur on purely ad hoc and temporary basis with effect from January 4-1971 by the order of the State Government dated December 31, 1970 as modified on February 14, 1972.

(3.) THE short question which arises in the present appeal is as to whether the respondent Dr. Asawa possessed the minimum academic qualifications prescribed for the post of Lecturer in Forensic Medicine. It is agreed by all parties that the appointments to the post of Lecturer in Forensic Medicine in the Medical Colleges in Rajasthan are governed by the Rules Rule 12 prescribes the academic and technical qualifications for the posts included in the Service and the Post of Lecturer in Forensic Medicine is one of them, being included in the Schedule annexed to the Rules. Rule 12 reads as under: "r. 12. Academic & Technical qualification - THE candidate for direct recruitment to the posts specified in part A, B & C of the Schedule shall possess such academic and technical qualifications and experience as is laid down, from time to time, by the Rajasthan University for the leaching staff in Medical Colleges. " Thus the qualifications, academic and technical, prescribed by the Rajasthan University, at the relevant time, have been adopted by the Rules for appointment of persons by direct recruitment to the posts included in the Service. THE requisite qualifications are laid down by the University of Rajasthan by means of Ordinance No. 65 occurring in Chapter XX of the Handbook of University of Rajasthan, Part II, Volume I. THE special academic qualifications and teaching experience in respect of teachers in Medical Colleges have been prefaced by the following general conditions: 1. All teachers must possess a basic University or equivalent qualification entered in Schedules to the Indian Medical Council Act, 1956. 2. Medical men must be registered under the State/central Medical Registration Act and nonmedical 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 post-graduate 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 per cent 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 experience should also be as scheduled below but in case the post has been advertised and suitable candidates are not available the qualifications can be relaxed. "