JUDGMENT 1. - All these three appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 are directed against the order dated 17.4.96 passed by the learned Single Judge whereby the S.B. Civil Writ Petition No. 6510/1994 filed by Dr. Yogendra Kumar Yadav had been allowed and the order dated 20.5.94 In respect of Dr. Rajesh Sharma (respondent No. 4 in the writ petition and is appellant in D.B. Civil Special Appeal (Writ) No. 676/96 was quashed with direction that the cases of Yogendra Kumar Yadav and other eligible candidates be considered In the light of the observations made in the impugped order. 2. D.B. Civil Special Appeal (Writ) No. 676/69 has been filed by Dr. Rajesh Sharma, D.B. Civil Special Appeal (Writ) No. 894/96 and 927/96 have been filed by the Rajasthan Public Service Commission and the State of Rajasthan respectively. 3. The appellant Dr. Rajesh Sharma is a graduate in Veterinary Science and Animal Husbandry (B.V. Sc. & A.H.) having Bio-Chemistry as one of the subject of 1st Year of B.V. Sc. and A.H. He joined post graduate course in Bio- chemistry as In service candidate (Veterinary Assistant Surgeon) and completed the course of three years and a half. During post graduation he conducted research on Dogs titled as 'A Biochemical study of Indigenous Hypoglycemic Agents." In the year 1993, the Rajasthan Public Service Commission (in short `RPSC') advertised posts of Assistant Director Key Village Scheme. The eligibility for the aforesaid post was as under: "Bachelor's Degree in Veterinary Science and Animal Husbandry or its equivalent with Post Graduate Degree in Veterinary Science or Animal Husbandry from a recognised university." 4. The appellant applied for the advertised post and after undergoing the selection process stood at first place in the merit list of selected candidates; consequently the appellant was appointed as Assistant Director In the Department of Animal Husbandry. Subsequently, he was promoted to the post of Dy. Director through Departmental Promotion Committee on merit-cum-seniority basis and presently he is working as Joint Director in the Department of Animal Husbandry. 5. The question which is required to be considered in this case is as to whether the Post Graduate Degree held by the present appellant i.e. M.Sc. (Medicine) Bio-Chemistry from the University of Rajasthan could be treated as Post Graduate Degree in Veterinary Science and Animal Husbandry from a recognised University or not.
5. The question which is required to be considered in this case is as to whether the Post Graduate Degree held by the present appellant i.e. M.Sc. (Medicine) Bio-Chemistry from the University of Rajasthan could be treated as Post Graduate Degree in Veterinary Science and Animal Husbandry from a recognised University or not. Learned Single Judge has found that the appellant herein (respondent No. 4 in the writ petition) does not possess the post graduate degree In any branch of Veterinary Science or Animal Husbandry from a recognised University and on that basis, his appointment order dated 20.5.94 based on selection by the RPSC has been set aside at the instance of the original petitioner Dr. Yogendra Kumar Yadav. 6. On this aspect of the matter, we are required to consider as to whether the post graduate degree of M.Sc. (Med) Bio-Chemistry possessed by the appellant could be taken as a post graduate degree in Veterinary Science or Animal Husbandry from a recognised University in accordance with the Scheme of the course and Ordinance of the University. Whereas the appellant had passed this post graduate degree from the University of Rajasthan, we may straightaway make reference to the Ordinance 278-F of the University of Rajasthan. According to this Ordinance 278-F, eligibility for admission to M.Sc. (Med) includes the qualification of BVSC and AH. Thus, eligibility of candidate holding BVSC and All like the appellant for admission of M.Sc. (Med) in the branch of Bio Chemistry is established. From this eligibility, it could be inferred that when the holder of degree of BVSC and All is made eligible for the course of M.Sc. (Med) Bio-Chemistry, it cannot be said that the degree of M.Sc. (Med.) Bio Chemistry is absolutely alien to the Veterinary Science and Animal Husbandry. The appellant had done his post graduation in Blo Chemistry and Bio Chemistry is one of the subjects in Veterinary Science and Animal Husbandry which was subject of the appellant when he passed the examination from SMS Medical College, University of Rajasthan, Jaipur and submitted the thesis on 'dogs'. 7. The appellant in support of the argument that Post Graduate of M.Sc. (Medicine) Biochemistry is a Post Graduate Degree in Veterinary Science and Animal Husbandry from a recognised University has made the following submissions : (i) In the year 1989, while forwarding and strongly recommending the appellant's application for admission to M.Sc.
7. The appellant in support of the argument that Post Graduate of M.Sc. (Medicine) Biochemistry is a Post Graduate Degree in Veterinary Science and Animal Husbandry from a recognised University has made the following submissions : (i) In the year 1989, while forwarding and strongly recommending the appellant's application for admission to M.Sc. (Medicine) in Biochemistry, the Deputy Director Key Village Scheme had come to the conclusion that M.Sc. (Medicine) in Biochemistry would be of immense use in the field of Veterinary Science or Animal Husbandry and stated that this course is available only at S.M.S. Medical College, Jaipur, and it would offer an ample scope for learning the scientific techniques for estimation of major and minor trace minerals, vitamins and amino acid deficiencies, responsible for upsetting the breading cycles in animals. (ii) The Secretary, Animal Husbandry Department also strongly, recommended the candidate of the appellant in Government interest with a view that the department is experiencing a great void due to non availability of trained personnel in the discipline therefore, this court shall be of immense use in the field of veterinary medicine. While the appellant was serving on the post of Veterinary Assistant Surgen, the State Govt. had obviously arrived at a conclusion that the course of M.Sc. (Medicine) in Biochemistry so applied for was a post graduate course in the field of Vaterinary Science. It was on that basis that the appellant's candidature was recommended by the State authorities for admission to the Post Graduate Course of M.Sc. (Medicine) in Biochemistry. (iii) The question relating to the eligibility of the appellant which obviously included the question as to whether the Post Graduate Degree in Biochemistry held by the appellant is a post graduate degree in Veterinary Science and Animal Husbandry was first examined by the Technical Director while giving 'No Objection Certificate' and again it was examined by the RPSC which is an Expert Body having the requisite expertise in the concerned subjects, at the stage of screening the application filed by the appellant for the post of Asstt. Director. Even at this stage of scrutiny, the appellant was found to be fully eligible for the post of Asstt. Director. (iv) The third scrutiny in the matter was held by the Selection Committee, which includes consisting of Dr. D.S. Bhandari, Dr.
Director. Even at this stage of scrutiny, the appellant was found to be fully eligible for the post of Asstt. Director. (iv) The third scrutiny in the matter was held by the Selection Committee, which includes consisting of Dr. D.S. Bhandari, Dr. V.R. Ambwani Technical Ex-Director of Animal Husbandry Department , who on the basis of the knowledge possessed by the appellant in the field of Biochemistry, found him to be eligible as also most meritorious amongst all the applicants, as far as the suitability for discharge of the duties of the post of Asstt. Director is concerned. This decision was arrived unanimously by a body of experts who alone remain In a position to understand the intricacices of the question as to which of the discipline relate to the field of Veterinary Science or Animal Husbandry. (v) The eligibility of the appellant for holding the post of Assistant Director was scrutinised for the fourth time by the State Government while approving he recommendations made by the RPSC for appointing the appellant on the post of Asstt. Director. The competent authorities of the Government, in the Department of Personnel, and in the Department of Animal Husbandry not only deal with the questions involved on regular basis but also possess the technical expertise in the field. Even after the appellant's candidature was so recommended and approved by the RPSC and the Government upon a representation being made by some persons about the appellant not being possessed with the requisite qualification for holding the post of Asstt. Director, the appellant's case was once again re-scrutinised by the RPSC and the State Government in the context of his qualifications. Even in this scrutiny appellant was found by the Expert Bodies to be fully eligible for holding the post of Asstt. Director. 8. The case of the appellant State of Rajasthan, supporting the case of the appellant Dr. Rajesh Sharma, is as under : (i) Since bio-chemistry is an interfaculty subject of Veterinary Science medicine and pure science, this being the reason that the candidates of B.V.Sc. and A.H. are eligible for M.Sc. (Med) examination in the branch of Bio-chemistry. (ii) Post Graduation is determined on the basis of the faculty of the Bachelor's degree possessed by the candidate. In the instant case, the appellant Dr. Rajesh Sharma is Bachelor in Veterinary Science and Animal Husbandry and after B.V.Sc.
and A.H. are eligible for M.Sc. (Med) examination in the branch of Bio-chemistry. (ii) Post Graduation is determined on the basis of the faculty of the Bachelor's degree possessed by the candidate. In the instant case, the appellant Dr. Rajesh Sharma is Bachelor in Veterinary Science and Animal Husbandry and after B.V.Sc. & A.H. he did post graduation in Bio-chemistry which is a subject of Veterinary Science and Animal Husbandry. Therefore, the post graduate degree of M.Sc. (Med.) in Bio-chemistry acquired after B.V.Sc. and A.H. is the post graduation in Veterinary Science and Animal Husbandry. (iii) In the advertisement dated 23.7.93 the qualification for the post of Assistant Director, Key Village Scheme (Training) is Bachelor's Degree in Veterinary Science and Animal Husbandry or equivalent, with post graduate degree in. Veterinary Science or Animal Husbandry from recognised University and five year's experience in Cattle/Camel/Poultry breeding or Dairying. It is submitted that under the Rules it has not been mentioned that one should be post graduate in Veterinary Science and Animal Husbandry with the nomenclature of M.V. Sc. (iv) The candidature of Dr. Rajesh Sharma was considered by the RPSC which is an expert body which selected him for the post of Assistant Director. (v) The eligibility of the appellant Dr. Rajesh Sharma for holding the post of Asstt. Director was also scrutinised by the State Govt. while approving the recommendations made by the RPSC for appointment. (vi) Under the Scheme of the Rules, the power to examine the merits of the technical qualifications prescribed to determine eligibility of a candidate for a particular post is vested exclusively with the authorities prescribed therein i.e. Rajasthan Public Service Commission and the State Government in the instant case the same exercise has been done by the RPSC as well as State Government who possess the requisite expertise. 9. Mr. Kumawat, learned counsel for the RPSC has also supported the case of the appellant Dr. Rajesh Sharma while defending the selections held by the RPSC.
9. Mr. Kumawat, learned counsel for the RPSC has also supported the case of the appellant Dr. Rajesh Sharma while defending the selections held by the RPSC. It was submitted that after examining the relevant academic course and Ordinance, the expert body had found the appellant to be eligible for the post which was advertised and it is the categorical stand of the RPSC that the qualification held by the appellant was sufficient to take it as a qualification of post graduate degree in Veterinary Science or Animal Husbandry from a recognised University and the appellant was selected for the post of Assistant Director, Key Village Scheme. 10. On behalf of respondent Yogendra Kumar Yadav, who was the original petitioner before the learned Single Judge, the appellant's claim has been traversed and it has been submitted that the appellant does not hold any post graduate degree in Veterinary Science or Animal Husbandry. In support of his case, the following submissions have been made : (i) that M.Sc. (Medicine) Bio-chemistry is not a Degree of Veterinary Science or Animal Husbandry, but the same is a post graduate degree in M.Sc. (Medicine) which is not the requisite qualification for the said post. The requirement of the rule is that candidate must possess the post graduate degree in Veterinary Science or Animal Husbandry. (ii) that the S.M.S. Medical College is a College of Human Science recognised by the Medical Council of India and not by Veterinary Council of India and further that the University of Rajasthan has not granted any degree in Veterinary Science after 1962-63 for want of affiliation of any Veterinary College is Rajasthan at Bikaner. The degree possessed by Dr. Rajesh Sharma is not a degree in Veterinary Science or Animal Husbandry. (iii) That in the list of Veterinary Council of India at title No. 25, the college of Veterinary Science, Bikaner enlisted and in the list of Medical Council of India of recognised medical colleges in India, the SMS Medical College is at SI. No. 111 and there is a vast difference between Veterinary College which deals with the Animal Science and the Medical College which deals with the Human Science. 11. On behalf of the appellant, Mr. Paras Kuhad has cited before us the following cases : 1. University of Mysore v. C.D. Govinda Rao, reported in AIR 1965 SC 491 . 2.
No. 111 and there is a vast difference between Veterinary College which deals with the Animal Science and the Medical College which deals with the Human Science. 11. On behalf of the appellant, Mr. Paras Kuhad has cited before us the following cases : 1. University of Mysore v. C.D. Govinda Rao, reported in AIR 1965 SC 491 . 2. Tariq Islam v. Aligarh Muslim University, reported in 2001(8) SCC 546 . 3. Beekuna Misra v. Harinder Kaur, reported in 1990(2) SCC 746 . 4. J. Rangaswamy v. Govt. of A.P., reported in 1990(1) SCC 288 . 5. Dalpat Abasaged Solenke v. Dr. B.S. Mahajan, reported in 1990(1) SCC 305 . 6. Chancellor v. Dr. Bijayanandakar, reported in 1994(1) SCC 169 . 12. On behalf of the respondent Dr. Yogendra Kumar Yadav, the original petitioner, the following cases were cited before us : 1. Smt. Juthika Bhattacharya v. The State of M.P. and others, reported in AIR 1976 SC 2534 . 2. Dr. B.L. Asawa v. State of Rajasthan and others, reported in AIR 1982 SC 933 . 3. J. Rangaswamy v. Govt. of A.P. & others, reported in AIR 1990 SC 535 . 4. 1990(2) SLJ 96 5. JT 1991(2) SC 352 6. 1988 Lab. IC 999 7. JT 1992(5) SC 381 13. We have considered the submissions made by the parties and the cases which have been cited before us and have carefully gone through the principles laid down in the cases cited before us. 14. Learned Single Judge has observed in para 4 of the impugned judgment and order that the advertisement in question contemplated the same educational qualifications as were prescribed under the rules and from various documents produced before the court, learned Single Judge has found that the degree of M.Sc. (Med.) Bio-Chemistry is a post graduate degree of recognised University but is not a post graduate degree in Veterinary Science or Animal Husbandry the eligibility for admission in M.Sc. (Med.) Bio-Chemistry is from different sources and it includes the qualification of B.V. Sc. and A.H. The advertisement did not require Post Graduate Degree in any subjects of BVSc. but the eligibility requirement is post graduate degree in Veterinary Science or Animal Husbandry and then the learned Single Judge says that since M.Sc.
(Med.) Bio-Chemistry is from different sources and it includes the qualification of B.V. Sc. and A.H. The advertisement did not require Post Graduate Degree in any subjects of BVSc. but the eligibility requirement is post graduate degree in Veterinary Science or Animal Husbandry and then the learned Single Judge says that since M.Sc. (Med.) Bio-Chemistry is a degree of general nature, it cannot be considered to be post graduate degree in Veterinary Science and Animal Husbandry. We are of the opinion that it is not the domain of the Court to examine as to whether the degree of M.Sc. (Med.) Bio-chemistry could be treated as a post graduate degree in Veterinary Science or Animal Husbandry or not. It is the job of the expert body and a purely academic exercise, upon which the courts are always reluctant to embark and should not embark. Once the qualification held by the appellant for the purpose of appointment on the post in question had been examined at more than one stages by the expert body at the level of the RPSC as also at the level of the Government, as has been mentioned in the earlier part of this judgment and it had been found that the qualification held by the appellant could be treated as post graduate degree in Veterinary Science or Animal Husbandry and on that basis, after through examination of this issue at the level of the expert body, the appellant was consciously considered to be eligible and found suitable. There was no scope for the learned Single Judge to sit as an appellant body over the decision of an expert body and to hold that the appellant did not possess the requisite qualification for the purpose of appointment in question. 15. In this regard, we may straightaway make reference to the basic decision in the case of University of Mysore (supra) wherein it has been categorically held that the question relating purely to an academic matter is not to be gone into by the courts and the courts would naturally hesitate to express definite opinion when the body of experts has already considered the matter. Such decisions with regard to academic matters have to be left to the experts who are more familier with such problems which they face.
Such decisions with regard to academic matters have to be left to the experts who are more familier with such problems which they face. This principle has been followed in a large number of cases and we, therefore, find that so far as the academic matters are concerned, even if two interpretations or two views are possible, only that view is to be adhered to which has been taken and followed by the academic bodies. In our opinion, the learned Single Judge should not have entered into the exercise of determination as to whether the qualification of M.Sc. (Med.) Bio-chemistry was a qualification sufficient for the purpose of recruitment or not. The view which has been taken by the learned Single Judge could not have been taken by him in view of the settled scope of judicial review of the decisions of the expert bodies and the court's approach while examining the validity and correctness of the decisions of the expert body. 16. In this view of the matter, we find that the view taken by the learned Single Judge cannot be sustained and the decision of the expert body as had been taken by the RPSC and the Government must be allowed to prevail. The appointment was made in 1994 as Assistant Director and by this time, Dr. Rajesh Sharma has attained the position of Jt. Director. 17. In the result, all the three appeals are allowed, the impugned order dated 17.4.96 passed by the learned Single Judge is set aside and we reject the writ petition as filed by Dr. Yogendra Kumar Yadav. The parties are left to bear their own costs.All three appeals allowed - Order of single judge set aside. *******