PETITIONER:

DR. B.L. ASAWA Vs.

RESPONDENT:

STATE OF RAJASTHAN & ORS.

DATE OF JUDGMENT05/03/1982 BENCH:

ERADI, V. BALAKRISHNA (J)

BENCH:

ERADI, V. BALAKRISHNA (J)

KOSHAL, A.D.

MISRA, R.B. (J)

CITATION:

1982 AIR 933 1982 SCR (3) 444

1982 SCC (2) 55 1982 SCALE (1)222 ACT:

Educational qualifications-Post-graduate qualification in medicine granted by a University established under a statute-Qualification recognised by the Medical Council- Recognition or declaration of equivalence by every University in the country-Whether necessary.

HEADNOTE:

The qualifications prescribed for the post of lecturer in Forensic Medicine under the Rajasthan Medical Service were (i) a basic university degree or equivalent qualification entered in the schedules to the Indian Medical Council Act 1956; (ii) Registration under the State Central Medical Registration Act; (iii) Post-Graduate qualification in the concerned subject and (iv) two years experience of medico-legal work.

The appellant was the holder of a M.B.B.S. degree from the Rajasthan University which was a qualification entered the first schedule to the Indian Medical Council Act. He was registered under the Medical Registration Act. He possessed a post-graduate degree in Forensic Medicine from the University of Bihar.

The respondent’s application for the post of lecturer in Forensic Medicine was rejected by the State Public Service Commission on the ground that the post-graduate degree in Forensic Medicine possessed by him was not one awarded by the University of Rajasthan and that the degree which he possessed had also not been recognised by the University of Rajasthan.

A single Judge of the High Court allowed the appellant’s writ petition impugning the order of the State Public Service Commission.

On appeal by the State a Division Bench of the High Court held that the post-graduate degree in Forensic Medicine which the appellant possessed could not be treated as a valid qualification for recruitment to the post of lecturer because, firstly, it was not a degree from the University of Rajasthan and secondly, neither had the University of Rajasthan recognised it nor had the University declared it as a qualification equivalent to the post-

graduate degree in Forensic Medicine.

Allowing the appeal, 445 ^

HELD: 1. A post-graduate medical degree granted by a university duly established by statute in this country and which had been recognised by the Indian Medical Council by inclusion in the schedule of the Medical Council Act has ipso facto to be regarded, accepted and treated as valid throughout the country. In the absence of any express provision to the contrary, such a degree does not require to be specifically recognised by other universities in India before it can be accepted as a valid qualification for appointment in any post in a State. [450 F-G]

In the instant case the University of Bihar was duly established by statute. It is fully competent to conduct examination and award degrees the degree of Doctor of Medicine (Forensic Medicine) of the University of Bihar is included in the schedule to the Indian Medical Council Act, 1956 as a degree recognised by the Medical Indian Council, the peramount professional body set up by statute with authority to recognise medical qualifications granted by any university or medical institution in India. [450 D-E]

2. There can be declaration of equivalence only as between a degree etc. awarded by the concerned university and a qualification obtained from a body different from the concerned university. When the University of Rajasthan does not conduct any examination for the award of the degree of Doctor of Medicine (Forensic Medicine) there cannot be any question of declaration of ’equivalence’ in respect of such a degree awarded by any university. [451 B-C]

3. In the case of a post-graduate degree in the concerned subject awarded by a statutory Indian University no recognition or declaration of equivalence by any other university is called for. This is all the more so in the case