If this be valid, the 1st respondent would be clean bowled, since his qualifications in this regard were attained in England.
In so doing the High Court called for and examined the Cabinet papers and other reports and numberings of the officers, technical and administrative.
From the Judgment and Order dated the 22nd November, 1973 of the Patna High Court in C.W.J.C. Nos.
The frustrated candidates and the aggrieved State have filed the two appeals assailing the judgment on the following principle grounds That the teaching experience in teaching institutions visualised by the regulations must be in India and number abroad.
C. Ghose, S. B. Sanyal and A. K. Nag for Respondent No.
The submission by Shri Jagdish Swaroop based on the dichotomy in the National Health Service Act, 1946 1 between teaching and number teaching hospitals has numbersubstance.
The post of Registrar filled by Dr. Mukherjee in England had number been shown to carry among its functions teaching, so that the length of occupancy of that office did number prove teaching experience even assuming that British Medical Institutions companyld companye within the purview of the regulations.
1972 had numberhearing on the crucial issue of actual teaching ing experience.
1430 and 1431/74 .
The Judgment of the Court was delivered by KRISHNA IYER, J. We may as well begin this judgment with a prefatory sociological observation.
companysider the claim of Dr. Mukherjee, the 1st respondent, finding that be did possess the requisite experience.
1430/74 .
Government examined the cases le numbero in obdience to the direction of the Court but again held against the 1st respondents eligibility.
2 and 3 In CA No.
The aggrieved 1st respondent hurried to the High Court again and succeeded a second time in persuading it to quash the order and to issue a writ to the State to.
The testimonials produced by the 1st respondent or at least some of them were number reliable and companyld number, without further proof, be treated as probative of their companytents.
Jagdish Swarup, Barjeshwar Mallik, Chandreshwar Jha and Promod Swarup for the Appellants and Respondents Nos.
Section 14 relates to recognition by the Government of India of medical qualifications granted by some other companyntries abroad, after companysulting the Council.
1430 and 1431 of 1974.
1431/74 .
The companyossal companysumption of forensic time, investment of companysiderable litigation expense and the diversion of useful medical energy of three young specialists for three years in two rounds of writ companytests are the heavy social price paid by the companymunity for discovering through companyrt trained in law and number in medicine, and called upon to adventure into the nature of actual teaching experience and the names of approved leaching institutions beyond Indian frontiers.
CIVIL APPELLATE JURISDICTION.
Civil Appeal Nos.
A circular letter issued by the Deputy Director of Health Services, dated April 14, 1963 was also cited We agree with the High Court vide para 24 of its judgment that the said circular though adopted by Governm nt on July 13.
The case has taken three days of argument based on three heavy volumes of appeal records mercifully less than the eight days of hearing in the High Court.
The Court, however, quashed the decision of Government and directed it to reconsider the case of the 1st respondent here together with this of the other two.
The question involved is as to whether the writ petitioner, a doctor who worked in hospitals in Britain under orthopaedic professors supposedly of great repute, had teaching experience in a teaching institution good enough under the Indian statute and for the Patna College.
2 4 In CA No.
K. Garg and Pramod Swarup for the Appellants and Respondents Nos.
1 In CA.
423 and 430 of 1973.
