BALVINDER SINGH THAKKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the interim-order dated 11-4-2007 whereby the learned Single Bench while admitting the writ petition, declined to stay the process of selection and appointment on the post of Assistant Professor (Dentistry) holding that even if the qualification prescribed in the impugned notification/advertisement are struck down by this Court, the same can be applied only perspectively.

(2.) BONE of the contention between the parties is educational qualification for appointment on the post of Assistant Professor in Dentistry. As advertisement was issued by the Rajasthan Public Service Commission for appointment on that post on 25-11-2005. Advertisement indicated "b. D. S. preferably with M. B. B. S. " as the eligible qualification, in relevant column for appointment on this post, whereas there was an additional note given for required training and experience wherein the candidates were required to also possess the degree of Post Graduation conferred by the Rajasthan University and recognised by the Medical Council of India and the candidates should be registered as such.

(3.) ON perusal of the MCI Regulations, we find that these Regulations have indicated the eligibility qualification for appointment on the post of Assistant Professor/lecturer as B. D. S. preferably with M. B. B. S. and have separately indicated recognised qualification of Post Graduation in the subject under the column "research/ experience". Prescription of qualification of Teachers in Medical Colleges appears to have been bodily lifted from the MCI Regulations and engrafted into the amended University Ordinances as would be evident from comparison of the two.