DR. B. L. ASAWA versus STATE OF RAJASTHAN & ORS.

Citation: [1982] 3 S.C.R. 444 · Decided: 05-03-1982 · Supreme Court of India · Bench: A.D. KOSHAL · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
444 . 
B 
c 
D. 
E 
F 
G 
H 
DR B.L. ASA WA 
v. 
STATE OF RAJASTHAN & ORS. 
March 5, 1982 
[A.O. KOSHAL, V. BALAKRISHNA ERADI AND 
R.B. MISRA, JJ.] 
Educational · qualificationS-Post·graduate 
qualification 
in 
medicine 
granted by a University established under a statutt-Qua/ification recognised by the 
Medical Council-Recognition or declaration of equivalence by every University in 
the country-Whether necessary. 
· 
The qualificationS prescribed for the post of lecturer in Forensic Medicine • 
under the Rajas than Medical Service were (i) ,a basic university degree. or 
equivalent qualification entered in the schedules to the Ir.dian Medical Council 
Act 1956; (ii) Registration under tbe 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 bolder of a !M.B.B.S. degree from the Rajastban 
University which was a _qualification ._entered the first schedule to the Indian 
Medical Council Act. He was regist'ered under the Medical Registration Act. 
He possessed a post·graciuate degree in Forensic Medicine from .the UniversitY 
of Bibar. 
The respondent's application for thC 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· appeUant's writ petition 
impugning the order of the State Public ServiCe Commission.j 
On appeal by the State a Division Bench of the High Court held 0.tbat 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 Uoiveristy of Rajastban recognised it nor bad the 
University declared it as a qualification equivalent to the post-Sraduate degree in 
Forensic Medicine. 
• 
Allowing the appeal, 
' -
ii.L. ASAWA v. RAiA5rl!AN (81/akrishna Eradi, J.) 
445 
HELD : I. A posi-graouate medical degree granted by a university duly 
established by statute in this country and which bad been recognised by tho 
Indian Medical Council by inclusion in the schedule of the . Medical Council Act 
bas ipso facto to be regarded, accepted and treated as valid throughout the 
country. In the absence of any express provision to the contrary, sJJch a degree 
does not require to be specifically recognised by other universities in India before 
it can be accepted as a valid qualification (or appointment in a-ny post in a 
State. [ 450 F-G I 
In the instant case the University of Bihar was duly established by statute. 
It is fully competent to lconduct 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 m
1edical 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 tlie 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 of a medica1 
degree awarded bf a statutory Indian University and which has been speciically 
recognised by the Indian Medical Council. [451 D-E) 
·~ 
CIVIL APPELLATE JURISDICfION: Civil Appeal No. 303 of 
1976. 
Appeal by special leave from the Judgment and order dated 
th• 30th October, 1974 of the Rajasthan High Court in Q.B. Civil 
Special Appeal No. 247 of 1974. 
Y.S. Chi/ale, Mrs. Sadha11a Ramachandran & Parveen Kumar for 
the Appellant

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