RAMESHCHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question which has been raised in these two writ petitions is identical, viz., as to whether a person who has obtained a degree in veterinary science is eligible to appear as a candidate for appointment to the Rajasthan Administrative Service under the Rajasthan Administrative Service (Emergency Recruitment)Rules, 1976 (hereinafter called 'the Rules'.)

(2.) THE petitioners in both these writ petitions are Graduates, having obtained a degree in Veterinary Science and Animal Husbandry, which in short is called BVSc. and A.H. It is not in dispute that the two petitioners are otherwise qualified to appear at the emergency recruitment of the Rajasthan Administrative Service under the Rules. However, their applications for appearing at the Emergency Recruitment Examination held under the Rules have been rejected by the Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') on the ground that the degree of BVSc, and A.H possessed by them has not been recognised for recruitment to the Rajasthan Administrative Service, under the Rules.

(3.) THE contention of the learned Counsel for the petitioners is chat the degree in Veterinary Science and Animal Husbandry is comprised in the 'degree in science' specified in Rule 11(1) while the contention of the learned Additional Government Advocate on the other hard is that the degree in Science referred to in Rule 11 is restricted only to a degree in basic sciences and it does not include the degree possessed by the petitioners or even a degree in medicine for that matter. To arrive at the proper meaning of the words 'Degree in Science' as employed in Rule 11 and to arrive at a correct interpretation of the provisions of the aforesaid rule it would be useful to refer to the provisions of Rule 12 of the Rajasthan Administrative Service Rules, 1954 (hereinafter referred to as 'the parent rules'), which pertain inter alia to the regular recruitment to the Rajasthan Administrative Service by direct recruitment. In the parent rules the academic qualifications required for appointment to the Rajasthan Administrative Service are enumerated in Rule 12 as under -: A candidate for direct recruitment must hold a degree in Engineering or Technology, arts, science, agriculture or commerce of a University established by law in India or of a foreign university declared by Government in consultation with the commission, to be equivalent of a degree of a university established by law in India. Explanation: For the purpose of this rule a degree in arts, science does not include a degree in medicine. It may be noted here that 'degree in Engineering or Technology' have been added in the main part of Rule 12 by a notification dated June 29, 1962 and earlier thereto degree in Engineering or Technology' were included in the explanation along with the degree in Medicine & were thereby excluded from the requisite qualification prescribed for a candidate at the recruitment examination. It may also be a pointed out in this context that the educational qualification for direct recruitment to the Indian Administrative Service as prescribed in Clause (4) of the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955 is that a candidate should held a degree of any University incorporated by an Act of the Central or Stat Legislature in India or other educational institutions established by an Act of Parliament or declared to be deemed as a University under Section 3 of the Universities Grant Commission Act, 1956 or a foreign university approved by the Central Government from time to time, or a qualification which has been recognised by the Central Government nor purposes of admission to the said examination.