IMPORTANT POINT
The main legal point established in the judgment is that the refusal of appointment orders based on the non-inclusion of the petitioners' post graduate degrees in the Schedule 2 of the Indian Medicine Central Council Act, 1970 was not justified as the universities were running their degree courses after due approval from the CCIM as per provision under Section 13A of Indian Medicine Central Council Act, 1970.

ORDER :

1. Heard on admission.

2. Admit.

3. The instant petition under Article 226 of the Constitution of India has been filed by the petitioners against the action on the part of the respondent authorities whereby the appointment orders were not issued in favour of the petitioners. It is also prayed that a direction may be issued to the respondent authorities to consider the representation made by the petitioners with regard to appointment on the post of Lecturer (Shalya Tantra).

4. Brief facts of the case as mentioned in the petition, are that petitioner No.1-Dr. Bijaya Ketan Sahu passed Bachelor of Ayurvedic Medicine and Surgery from Sambalpur University, Burla (Orrisa) in the year 1996 and completed his post graduation M.S. (Ayurved) in Shalya Tantra from the Utkal University Bhubaneswar (Orissa) in the year 2001. After obtaining Master of Surgery (Ayurved) degree, petitioner applied for registration of additional qualification and on 23.09.2009, the Registrar of Orissa State Council of Ayurvedic Medicine issued a registration certificate of additional qualification of Master of Surgery (Ayurved) degree.

5. Petitioner No.2- Dr. Prashant Lingaram Rasale passed Bachelor of Ayurvedic Medicine and Surgery from Maharashtra University of Health Sciences, Nasik (M.S.) in the year 2003 and completed his post graduation (Ayurved Vachaspati) M.S. in Shalya Tantra from the University of Mumbai in the year 2008. After obtaining Master of Surgery (Ayurved) degree, petitioner No.2 applied for registration of additional qualification and on 25.08.2008, the Registrar of Maharashtra Council of Indian Medicine issued a registration certificate of additional qualification of Master of Surgery (Shalya Tantra) degree. The Chhattisgarh Public Service Commission Raipur issued an advertisement (Annexure P/1) on 02.09.2009 bearing No. 04/2009/Chayan dated 27.08.2009 whereby applications were invited for the post of Lecturer and Reader in Government Aayurvedic College as well as Senior Scientific Officer Grade-2 in Health and Family Welfare Department. In the above said advertisement, the requisite qualification, age limit, mode of selection pay scale and other important information were also mentioned. The petitioners applied for the post of Lecturer, published in the said advertisement and after the interview, the petitioners were placed at serial No.3 & 4 in the waiting-cum-merit list issued by the Chhattisgarh Public Service Commission, Raipur and one Dr. Balendra Singh has been selected on the post of Lecturer (Shalya-Tantra). Being aggrieved by the selection of Dr. Balendra Singh, the petitioner No.1-Dr. Bijaya Ketan Sahu preferred a writ petition i.e. W.P.(S) No.3088/2011 alleging that the post graduation degree of Dr. Balendra Singh was not registered in the State Council of Indian Medicine Board and the post graduation registration certificate was not registered with the State Council/ Board of the Indian Medicine at the time of submission of the application form. Vide order dated 21.03.2012 (Annexure P/2), this Court allowed the said petition to some extent and a direction was issued to P.S.C. to prepare a fresh select list for the post of Lecturer (Shalya Tantra) of other candidates other than respondents No.4 & 5, after considering all the aspects of the matter including the qualification of the candidates. In compliance of the said order, the Chhattisgarh Public Service Commission, Raipur issued a fresh select list for the post of Lecturer in Shalya Tantra after considering the qualification of the candidates vide notification dated 27.04.2012 (Annexure P/3). The fresh Select-list dated 27.04.2012 was not challenged by any party before any Court of law. The CGPSC, Raipur informed the petitioners about their selection on the post of Lecturer (Shalya Tantra) on 08.05.2012 (Annexure P/4). The petitioners obtained their post graduation degrees from respective Universities which were recognized by the University Grants Commission, CCIM and D