TaxTMI 
TaxTMI 
2006 (9) TMI 553
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....em had been selected on 04.08.2004. Indisputably, the case of Dr. S. Rajavelu was not considered by the Union Public Service Commission (for short, 'the Commission) on the premise that he did not fulfill the essential qualifications requisite therefor. 3. An original application was filed by some candidates before the Central Administrative Tribunal, Principal Bench, New Delhi, marked as O.A. No. 1899 of 2004, which was dismissed by an order dated 15.07.2005. Dr. S. Rajavelu also filed an original application before the Central Administrative Tribunal, Madras, which was marked as O.A. No.720 of 2004. By an order dated 28.04.2005, the said original application was also dismissed. 4. Being aggrieved by and dissatisfied therewith, he filed a writ petition before the High Court of Madras. Even till the time of filing of the said original applications and writ petition, selection process of the candidates was not finalized and by an order dated 21.07.2005, the High Court passed an interim order on the following terms : ".if any appointment is made in the meantime, such appointment shall be subject to result of the present writ petition and it shall be so indicated clearly in the....
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....impleaded in the writ petition, the same was not maintainable. 8. Mr. K.V. Viswanathan, the learned counsel appearing on behalf of the Fourth Respondent, on the other hand, would submit that : (i) The Appellant having not been appointed on the date of filing of the writ petition and the High Court having directed that his appointment would be subject to the result of the writ petition, he was not a necessary party. (ii) The Commission undoubtedly had the jurisdiction to shortlist the candidates; but the same was required to be done in terms of the rules. (iii) Eligible candidates in the name of short-listing could not have been made ineligible and, thus, non-consideration of the case of the Fourth Respondent herein by the Commission violates his fundamental right under Article 16 of the Constitution of India. (iv) Study of Epigraphy being a part of study of Archaeology, experience gained therein would amount to experience in Archaeology. By way of an example, it was contended that cardiology although is a speciality, the same has been held to be a part of medicine by this Court in Dr. M.C. Gupta and Others v. Dr. Arun Kumar Gupta and Others [(1979) 2 SCC 339]. 9. The requ....
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....in aggregate, relaxable by 5% in the case of SC/ST/OBC candidates and candidates working in the Archaeological organization, Central/State Government and University Departments." 12. We may for the sake of clarity refer to the dictionary meanings of the said terms : Webster American Dictionary : "Archaeology is the study of human history and pre- history through the excavation of sites and the analysis of artifacts and other physical remains." Oxford Dictionary : "It is the study of human history and prehistory through the excavation of sites and analysis of physical remains." Webster American Dictionary : "Epigraphy is the study and interpretation of ancient inscription; epigraphs collectively. It is an inscription on a building, statue or coin; a short quotation or saying at the beginning of a book or chapter, intended to suggest its theme." We may usefully notice that in Advanced Law Lexicon, 3rd Edn., the term 'Archaeology' has been defined to mean : "A systematic description or study of antiquities", whereas the term "Epigraph" has been defined to mean "An old inscription of a durable material". It is also significant to notice that in 'The New Enc....
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....me statutory rules laying down terms and conditions of service as also the qualifications essential for holding a particular post. It is only the authority concerned who can take ultimate decision therefor. The jurisdiction of the superior courts, it is a trite law, would be to interpret the rule and not to supplant or supplement the same. 15. It is well-settled that the superior courts while exercising their jurisdiction under Articles 226 or 32 of the Constitution of India ordinarily do not direct an employer to prescribe a qualification for holding a particular post. What was, therefore, permissible for recruitment to the post of Deputy Superintending Archaeologist need not necessarily be held to be permissible for recruitment of Superintending Archaeologist. Once a person holds the post of Deputy Superintending Archaeologist, keeping in view the decision of this Court in Roshan Lal Tandon v. Union of India [(1968) 1 SCR 185], he may be treated identically; but then it would not mean that while making a direct recruitment to a higher post, the Commission must have jurisdiction to relax the rules The power of relaxation, it is well-settled, must also be expressly conferred. 16....
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....cialist branch such as cardiology, the academic qualification required is to hold a degree of D.M. in the specialist branch. This becomes clear from a perusal of the regulations. It is not necessary, therefore, to go into the dictionary meaning of the expression "medicine" to determine whether it includes cardiology. The Medical Council of India, a body composed of experts have in the regulations clearly manifested their approach when they said that cardiology is a specialist branch under medicine. Ipso facto, medicine includes cardiology. It was not disputed that one qualifying for M.D. (Medicine) has to learn the subject of cardiology. And it must be remembered that the four experts aiding and advising the commission have considered teaching experience in cardiology as teaching experience in medicine. The counter-affidavit on behalf of the Commission in terms states that medicine is a wide and general subject and includes cardiology whereas for the post of Professor of Cardiology a further two years' special training in cardiology or D.M. in cardiology after M.D. in medicine has been laid down as a requisite qualification by the Medical Council. It is further stated that teac....