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1992 DIGILAW 439 (RAJ)

Surinder Pal Singh v. State of Rajasthan

1992-05-05

I.S.ISRANI, V.K.SINGHAL

body1992
JUDGMENT 1. - This Special Appeal has been filed against the order dated December 1, 1989, passed by the learned Single Judge in Writ Petition No. 3904/89. In the writ petition, it was prayed that the petitioner may be appointed on the post of Ayurveda Chikitsak, on the basis of his merit. The Government of Rajasthan, Medical and Health Department, vide Anx.1 dated April 10, 1989, by a short term advertisement, invited applications from the candidates for the posts of Ayurveda Chikitsaks for a period of one year or until candidates selected by the Rajasthan Public Service Commission were available, whichever was earlier. It was mentioned in the said advertisement that the candidate should possess a Degree of Bhishagachary (University of Rajasthan) or qualification recognised as equivalent thereto by the Government of Rajasthan, for this purpose. 2. It is submitted by Mr. J. P. Sharma, learned counsel, that the appellant is holding a Degree of Ayurvedic Medicine & Suyrgery from Maharshi Dayanand University, Rohtak, which was awarded to him consequent upon passing the final examination in the year, 1983. A photostat copy of the same has been placed on record and marked Anx. 'A'. The appellant got 62.52% marks in grand total, at his BAMS Examinations. Thereafter, he completed training for six months rotating internship. The appellant is also holding registration of the Indian Board of Medicine, Rajasthan, having Registration No. 19194/Category A/dated July 19, 1985. The appellant is practising as a private Ayurveda Vaidya, at Sri Ganganagar. It is further submitted that Mr. Mahesh Joshi, who happens to be the President of the State Unit of Seva Dal-a constituent of the Ruling Party, at the relevant time, submitted a representation to the then Chief Minister with the prayer that interest of Ayurveda Graduates from Rajasthan should not be ignored. The appellant met Deputy Commissioner, Medical & Health Department, in this connection, regarding his candidature for the post, but he was told that he had to follow the directives of the Higher Authorities, therefore, persons, who are holding Degrees from the Universities, outside Rajasthan, shall not be considered for appointment. 3. It is contended by the learned counsel that the learned Single Judge has erred in holding that the Degree of BAMB of Maharshi Dayanand University, Rohtak had not been recognised by the Government of Rajasthan as equivalent to the Degree of Bhishagachary and Ayurvedachary of the Rajasthan University. 3. It is contended by the learned counsel that the learned Single Judge has erred in holding that the Degree of BAMB of Maharshi Dayanand University, Rohtak had not been recognised by the Government of Rajasthan as equivalent to the Degree of Bhishagachary and Ayurvedachary of the Rajasthan University. It is further contended by the learned counsel that Maharshi Dayanand University, Rohtak was established by Haryana Act No.25 of 1975, which was passed by the State Legislature and had received assent of the Governor on August 21, 1985. This University started functioning from April 19, 1976. The learned counsel has produced for perusal of this Court Universities Hand Book, 1989 which gives details of several Universities established by the Statute. A photo-state copy of Universities Hand Book, 1989 of Maharshi Dayanand University has also been placed on record and marked Anx. 'B'. It is submitted that the Government of India, Ministry of Human Resources Development, Department of Education, vide communication dated August 22, 1989, on the subject of recognition of technical and professional qualifications, issued under the signature of the Assistant Educational Advisor, has stated that Degrees awarded by a University set up under an Act of Parliament of State Legislature are technically recongnised for the purpose of employment under Central Government. The Maharshi Dayanand University is such a University." It is further submitted that the Degree awarded by this University stands recognised for the purposes of employment since the University has been set up under an Act passed by the State Legislature. The learned counsel has also invited our attention to the communication dated May 29, 1989 of the Association of Indian Universities and in that also, it is mentioned that:- "(v) Maharshi Dayanand University, Rohtak is a statutory university and its degrees/diplomas including B.Ed. (Correspondence) are recongnised and treated at par with the corresponding degrees/diplomas of other Universities in the country." 4. The learned counsel has further produced for perusal of this Court a photo-state copy of list of Examinations recognised by the University of Rajasthan (Corrected upto April 19, 1985), published by the University of Rajasthan, Jaipur which has been marked Anx. 'C'. S. No. 65 of this publication deals with examination held by Maharshi Dayanand University. At S. No. 16, there is a mention of Examination of Ayurvedacharya (B.A.M.S.). 'C'. S. No. 65 of this publication deals with examination held by Maharshi Dayanand University. At S. No. 16, there is a mention of Examination of Ayurvedacharya (B.A.M.S.). On the other side, the names of examinations held by the University of Rajasthan, with which the examinations of other Universities are treated to be equivalent, have been mentioned. Thus, the University of Rajasthan has recognised this Degree awarded by Maharshi Dayanand University to be equivalent to the same Degree awarded by the University of Rajasthan. 5. It is submitted by Mr. N. L. Pareek, learned Additional Government Advocate, that no notification has been issued by the Government of Rajasthan, recognising the Degree of BAMS awarded by Maharshi Dayandand University. Therefore, the appellant was not considered for appointment. 6. From the details given above, it is evident that Maharshi Dayanand University has been established by an Act passed by Haryana State Legislature. The communication dated August 22, 1989, issued by the Government of India, which is reproduced in S. B. Civil Writ Petition No. 2502/89 (Mrs. Madhu Santosh v. State of Rajasthan and another) , reads as under:- "No. F. 2-1/89-T-13 Government of India Ministry of Human Resource Development Department of Rajasthan. New Delhi, the 22nd Aug. 89 To, Mrs. Mummi Chauhan, C/o. Sh. Chandra Vishal Suthar, Near Ram Bhavan, Fort Road Jodhpur-342 001 (Rajasthan). Subject-Recognition of Technical & Professional Qualifications. Madam, I am directed to refer to your letter dated 25.7.89 on the subject mentioned above and to say that degrees awarded by a University set up under an Act of Parliament or a State Legislature are automatically recognised for purpose of employment under Central Government. The Maharshi Dayanand University is such a university. Yours faithfully Sd/ (M. M. CHOWDHURY) ASSTT. EDUCATIONAL ADVISER (T)." This shows that the Government of India has thought appropriate to automatically recognise the Degrees/Qualifications awarded by the Universities established by an Act of Parliament or State Legislature. This is only appropriate as it removes the necessity of issuing separate notifications for recognition of each University established under the provisions of any law. Apart from this, the University of Rajasthan has also recognised the Degree of BAMS awarded by Maharshi Dayanand University to be equivalent to the Degree of BAMS awarded by the University of Rajasthan. The Degree awarded to the petitioner also shows that he has passed out the examination of BAMS. Apart from this, the University of Rajasthan has also recognised the Degree of BAMS awarded by Maharshi Dayanand University to be equivalent to the Degree of BAMS awarded by the University of Rajasthan. The Degree awarded to the petitioner also shows that he has passed out the examination of BAMS. Thus, it cannot be said that this Degree of BAMS possessed by the appellant has not been recognised to be equivalent to that of the University of Rajasthan. It was rightly pointed out by the learned counsel that from Anx. 4 dated February 7, 1984, which is an order 'of appointments, issued by the Government of Rajasthan, it appears that persons at S. Nos. 9, 10, 14 to 20 were given appointments, who were holding similar Degrees obtained from Rohtak University. It is submitted that Maharshi Dayanand University was formerly known as Rohtak University. This shows that the Degree of this University stood already recognised by the Government of Rajasthan. From Anx. 'C'-List of Examinations, published by the University of Rajasthan, it is clear that Maharshi Dayanand University was formerly known as Rohtak University. We are, therefore, satisfied that the Degree of BAMS possessed by the appellant is duly recognised to be equivalent to the BAMS Degree awarded by the University of Rajasthan. The appellant was, therefore, entitled to have been considered for employment on the post of Ayurveda Chilitsak, as he possesses necessary qualifications for such appointment. 7. In the result, the Special Appeal is allowed and the order of the learned Single Judge dated December 1, 1989, is set aside. It is held that the appellant does possess the required qualifications for being considered for appointment to the post of Ayurveda Chikitsak. It was given out by the learned counsel for the appellant that, at present, 22 posts of ayurveda Chikitsaks are lying vacant. It is, therefore, directed that the respondents shall consider the candidature of the appellant for appointment to the post of Ayurveda Chikitsak and if he is found suitable, he shall be given appointment on the said post. 8. The Special Appeal is allowed, with no order as to costs.Special appeal allowed. *******