JUDGMENT : S.K. Kishote, J. The petitioner, by this special civil application has prayed for direction to the respondents not to issue any promotion or appointment order for the post of Assistant Professor in the Department of Bio-chemistry in the B.J. Medical College, Ahmedabad. Further prayer has been made for quashing and setting aside the selection list or any order passed by the respondent authorities giving appointment to any other candidate or to respondents Nos. 3 and 4 on the post of Assistant Professor in the Department of Bio-Chemistry in B.J. Medical College. Next prayer has been made for direction to the respondent authorities to consider the case of the petitioner for promotion to the post of Assistant Professor in the Department of Biochemistry. Prayer for issue of a writ of quo warranto has also been made against respondents Nos. 3 and 4 who are holding the post of Assistant Professor in Bio-Chemistry. 2. Mr. H.D. Vasavada, learned counsel for the petitioner, contended that respondents Nos. 3 and 4 are not possessing the requisite qualification for appointment to the post of Assistant Professor in Bio-Chemistry. They are usurping the public office and they should be ousted from the said post forthwith. In support of this contention learned counsel for the petitioner had cited few decisions of the Supreme Court. On the other hand the learned counsel for the respondents Nos. I and 2 contended that this writ petition is wholly misconceived. The respondents Nos. 3 and 4 possessed requisite qualification in the discipline concerned and they have been appointed after their selection by selection committee. 3. So the only question which arises for consideration of this Court in this special civil application is whether respondents Nos. 3 and 4 who were admittedly given appointment on the post of Assistant Professor in the subject of Bio-Chemistry after selection are possessing the requisite qualification for holding the said post or not. 4. The recruitment rules under Article 309 of the Constitution of India for the post of Lecturer in Bio-Chemistry have been framed by notification dated 24th February, 1970. The parties are not at variance that the post of Lecturer is now redesignated as Assistant Professor. The aforesaid rules will be applicable to these posts. 4. The recruitment rules under Article 309 of the Constitution of India for the post of Lecturer in Bio-Chemistry have been framed by notification dated 24th February, 1970. The parties are not at variance that the post of Lecturer is now redesignated as Assistant Professor. The aforesaid rules will be applicable to these posts. Appointment to the post of Lecturer in Bio-Chemistry in the Government Medical Colleges are to be made, as per the aforesaid rules, by promotion of a person of proved merit and efficiency from amongst persons working in the Medical Department and who possesses the academic qualifications and teaching experience prescribed for appointment by direct selection; or by direct selection. To be eligible for appointment by direct selection to the aforesaid post, a candidate must possess a post graduate degree in Bio-Chemistry, Ph.D., D.Sc., M.D., M.Sc., M.R.C.P. with Biochemistry as a special subject or an equivalent qualification recognised by the Medical Council of India. Both the respondents are undisputedly having to their credit M.D. (Physiology & Biochemistry). Emphasis has been put by the learned counsel for the petitioner that M.D. degree which respondents No. 3 and 4 are possessing is not in the subject of Bio-Chemistry: Respondents Nos. 3 and 4 possessing basic medical qualification i.e. M.B.B.S., and then they were enrolled for M.D. course in the year 1979. At the time a combined department of Physiology and Biochemistry was there and as such there was no registration for Biochemistry. The counsel for the respondents contended that Physiology is a vast branch and it includes Biochemistry. Since the inception of Medical College there was one combined department known as Department of Physiology and Biochemistry. The respondents further contended that if we look at the syllabus and curriculum for M.D. Physiology it can be seen that the entire course of Biochemistry is included therein. Even after bifurcation of the department of Physiology and Biochemistry, there is no special course such as M.D. Biochemistry. Even thereafter the University has conferred the degree of M.D. in Physiology and Biochemistry. The respondents have cited many other examples like T.B. and Chest section, Venereal diseases, etc. From the record of the special civil application it is borne out that one of the respondents, namely, Dr. Varsha K. Shah, has taken degree of Ph.D. (Medical) in the year 1994 and she had been registered for Ph.D. degree in Biochemistry. The respondents have cited many other examples like T.B. and Chest section, Venereal diseases, etc. From the record of the special civil application it is borne out that one of the respondents, namely, Dr. Varsha K. Shah, has taken degree of Ph.D. (Medical) in the year 1994 and she had been registered for Ph.D. degree in Biochemistry. Normally registration for Ph.D. is given in a subject in which the candidate has done his post graduation. In the reply to the special civil application the State Government has come up with the case that in the case of one Dr. R.A. Shah, who was possessing qualification of M.D. (Medical Physiology), the Medical Council of India under its letter dated 9-4-1981 declared the said qualification as equivalent to degree of M.D. (Biochemistry) and opined that the said Dr. R. A. Shah can be appointed as Assistant Professor of Bio-Chemistry. So the respondent's case stand at a much higher pedestal than that of Dr. R.A. Shah. In the latter case there was degree of M.D. (Medical Physiology), whereas in the case of respondents Nos. 3 and 4 the degree is M.D. (Physiology & Biochemistry). It is not that the matter has not been examined by the University itself. These persons were found possessing the requisite qualifications and nothing has been found wrong in the matter. Respondents Nos. 3 and 4, after selection through G.P.S.C. were appointed as tutor in Biochemistry in the year 1978 on the basis of the qualification of M.D. (Physiology and Biochemistry). The Gujarat University has declared that qualification to be equivalent to M.D. (Biochemistry) as stated by the respondent State in their reply. 5. It is not the case of the petitioner that qualifications which were possessed by respondents Nos. 3 and 4 were held to be not equivalent to M.Sc. or M.D. (Biochemistry) by the Medical Council of India. In annexure B on the record of the special civil application, i.e., recommendations of the Medical Council of India, on the qualification required for appointment of persons to the posts of teachers in Medical Colleges and attached hospitals for Undergraduate and Postgraduate teaching, it has been stated that 'equivalent qualification' referred to in the recommendations shall be determined by the Council alone. The petitioner, as stated earlier, has failed to show that at any point of time the qualification possessed by respondents Nos. The petitioner, as stated earlier, has failed to show that at any point of time the qualification possessed by respondents Nos. 3 and 4 were not accepted to be equivalent qualification by the Medical Council of India. Otherwise also, as per rules, as notified by notification dated 24th February, 1979, requisite qualification is Ph.D., D.Sc., M.D., M.Sc., M.R.C.P. with Biochemistry as a special subject, or equivalent qualification recognised by the Medical Council of India. It is not in dispute that in M.D. respondents Nos. 3 and 4 were having subject of Biochemistry also. Learned counsel for the petitioner is unable to satisfy this Court from the rule that Biochemistry as special subject has to be read as only in Biochemistry. The qualification has to be considered with reference to the system of award of degrees, syllabus and curriculum as prescribed for the degrees by the University. It is not in dispute that at the relevant time in the medical faculty of the University of Gujarat Physiology and Biochemistry was a combined department, and Biochemistry was taught as a subject in the said department. In the case of Dr. R.A. Shah who was possessing degree of M.D. (Medical Physiology) it was declared as equivalent to M.D. (Biochemistry) by the Medical Council of India under its letter dated 9-4-1987. Otherwise also, qualification is laid down under the rules published under notification dated 24th February, 1970. In the present case, taking into consideration totality of the facts, I have no hesitation to hold that the degree held by respondents Nos. 3 and 4 can be taken to be M.D. with Bio-chemistry as special subject. 6. The net result of the aforesaid discussion is that respondents Nos. 3 and 4 did possess requisite qualification prescribed for the post of Assistant Professor in Biochemistry. In view of this, I do not consider it necessary to make reference and any discussion on the authorities cited by the learned counsel for the petitioner. 7. In the result this special civil application fails and the same is dismissed. Rule discharged. The petitioner is directed to pay Rs. 1,000/- each as cost of this petition to respondent Nos. 3 and 4. Application dismissed.