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

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

A post-graduate medical degree awarded by a statutory Indian university and included in the schedule of the Indian Medical Council Act, 1956, is ipso facto valid for appointment to any post in any State and does not require the recognition or equivalence declaration by other universities when the concerned university does not conduct examinations in the subject.

Parties
Appellant: Dr. B.L. Asawa; Respondent: State of Rajasthan; Respondent: Rajasthan Public Service Commission; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
05 March 1982
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Division Bench Judgment of Rajasthan High Court
Outcome
Appeal allowed
Legal Topics
Recognition of Qualifications, Recruitment Eligibility, Medical Council Act, Post Graduate Degrees
Education Law Administrative Law Recognition of Qualifications Recruitment Eligibility Medical Council Act Post Graduate Degrees

Case Brief

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Parties

Dr. B.L. Asawa

Appellant

State of Rajasthan

Respondent

Rajasthan Public Service Commission

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Division Bench Judgment of Rajasthan High Court

Legal Issues

  1. 1 Whether a post-graduate degree in Forensic Medicine awarded by a statutory Indian university and recognised by the Indian Medical Council Act, 1956, requires further recognition or equivalence declaration by another university for recruitment to posts in that State

Ratio Decidendi

A post-graduate medical degree awarded by a statutory Indian university and included in the schedule of the Indian Medical Council Act, 1956, is ipso facto valid for appointment to any post in any State and does not require the recognition or equivalence declaration by other universities when the concerned university does not conduct examinations in the subject.

Court Disposition

Appeal allowed

Orders

  • Judgment of Division Bench of the High Court set aside
  • Judgment of Single Judge restored with modification