UNION OF INDIA AND ANR.
v.
RA VI SHANKAR AND ANR.
FEBRUARY 24, 1998
[G.B. PATTANAIK AND M. SRINIVASAN, JJ.]
Central Government Health Scheme Delhi (Group C) Ayurvedic
Recruitment Rules, 1978 :
A
B
Pharmacits-Appointment of-Respondents possessing qualification of C
Vaidya Visharad from Hindi Sahitya Sammellan-Direction by Tribunal to
consider the case of respondents against future vacancies by relaxing the
qualifications-Appeal against order of Tribunal-Held schedule attached
to the rule provides that 'Vaidya Visharad' awarded by All India Ayurvedic
Congress was recognised while 'Ayurveda Ratna' awarded by Hindi Sahitya
Sammellan was recognised-Degree of Vaidya Visharad awarded by Hindi D
Sahitya Sammelan, which was possessed by the respondents cannot be held
to be a recongnised qualification under the Recruitment Rules-Therefore
Tribunal erred in giving the impugned direction-Judgment of Tribunal set
aside.
CIVIL APPELLATE JURISIDICTION: Civil Appeal No. 2681 of
1993 Etc.
From the Judgment and Order dated 13. 11.92 of the Central
Administrative, Tribunal, Delhi in 0.A. No. 1261of1989.
Mrs. K. Amreshwari, Ms. Shashi Kiran and Mrs. Anil Katiysar for C. V. S.
Rao, for the Appellants.
S.M. Garg for the Respondents.
The following Order of the Court was delivered :
This appeal is directed against the judgment of the Central
Administrative Tribunal, Principal Bench, New Delhi dated 13.l l.1992. By the
impugned judgment, the Tribunal has called upon the appellants to consider
E
F
G
the case of the respondents, who admittedly possessed the qualification of
Vaidya Visharad from Hindi Sahitya Sammelan, Allahabad for the post of H
1097
1098
SUPREME COURT REPORTS
[1998} l S.C.R.
A Phannacist after relaxing the qualification and ex-perience for the post whenever
any future vacancy arises.
Mrs. Amrcshwari, the learned senior counsel for the appellants contends
that a Vaidya Visharad recognised by Hindi Sahitya Sammelan is not one of
the recognised qualifications for the post of Pharmacist and the minimum
B qualification for a post cannot be relaxed and, therefore, the Tribunal was in
error in directing to consider the case of the respondents on relaxation of the
qualification in question. Learned counsel for the respondents, on the other
hand, contended that the degree of Vaidya Visharad awarded by Hindi Sahitya
Sammelan, Allahabad is recognised qualification under the Central Government
C Health Scheme Delhi (Group C) Ayurvedic, Recruitment Rules, 1978. In view
of the rival stand taken by the parties, the only question that arises for
consideration is whether the degree of Vaidya Visharad awarded by Hindi
Sahitya Sammelan, Allahabad can be held to be a recognised qualification
under the Recruitmwt Rules. Looking to the Schedule attached to the Rules
which prescribed the qualification, it is apparent that it is 'Vaidya Visharad'
D which is awarded by All India Ayurvedic Congress is recognised and it is
only Ayurved Ratna which is awarded by Hindi Sahitya Sammelan which is
recognised. Therefore, the degree of Vaidya Visharad awarded by Hindi Sahitya
Sammelan, which is possessed by the respondents cannot be held to be a
recognised qualification under the Recruitment Rules. It may be stated that
E in the application before the Tribunal, the respondents have categorically
asserted that tl1ey possessed the qualification of Vaidya Visharad recognised
by Hindi Sahitya Sammelan. In that view of tl1e matter, the Tribunal was
wholly in error in directing consideration of the case of the respondents in
case of future vacancies against a post of Pharmacist. The respondents do
not possess the requisite qualification under the Recruitment Rules. They
F cannot have any right of appointment. The impugned judgment of the Tribunal
is set aside. The appeal is allowed, but there will be no order as to costs.
T.N.A.
Appeal allowed.
Lex