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3. This part of the advertisement, therefore, made it abundantly clear that in the event, a candidate though is neither a MD or MS or FRCS or MRCP or MRCPG or a post graduate from American Board of Speciality, but has a post graduate Qualification which has been accepted by the Medical Council of India to be equivalent to either MD or MS or FRCS or MRCP or MRCPG or post graduate qualification from American Board of Speciality, he is eligible for the post of Assistant Professor as well as Registrar.

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4. There is no dispute, as would be evidenced from records, that the Medical Council of India has accepted Diplomat National Board qualification as equivalent to MRCP as well as FRCS. Therefore, a candidate who has obtained Diplomat National Board qualification is entitled to be appointed as an Assistant Professor as well as a Registrar in terms of the said advertisement even if he is not a MD or MS or FRCS or MRCP or a post graduate from American Board of Speciality.

5. From the documents brought on record in the counter affidavit filed by the State to the writ applications, it appears that the Medical Council of India has recognized a candidate, who has obtained Diplomat National Board Qualification, as a person entitle to be appointed to the post of Registrar and has also recognised such a candidate, as a person entitle, to be appointed in a teaching post, that is to the post of Assistant Professor, provided in addition to such qualification, he has research experience of one year. Be that as it may, each of the petitioners, in the Instant case, has obtained MD or MS in addition to Diplomat National Board qualification and, accordingly, since they have either MD or MS, they are entitled to be appointed as Assistant Professor as well as Registrar in terms of the said advertisement.

9. The said advertisement also mentions that a candidate shall be entitled to six points if he has obtained MRCP/MRCPG/FRCS prior to 11th November, 1978 in the concerned subject. As aforesaid, the Medical Council of India has in no uncertain terms held out that DNB qualification is equivalent to MRCP or FRCS. The petitioners, therefore, contended in the writ petition that since DNB is equivalent to MRCP or FRCS, by reason of what has been mentioned in the advertisement, they were entitled to six more points in addition to the four points they have been given for MD or MS. The learned Single Judge, while dealing with the writ petitions, held that inasmuch as the Medical Council of India has accepted DNB qualification as equivalent to MRCP or FRCS, the State Government had no justification in not treating the DNB qualification as equal to MRCP or FRCS and to deny six points to the candidates, who have obtained DNB qualification. On this ground, the writ petitions have been allowed with a direction to the State to grant six more points to each of the petitioners. While doing so, the learned Judge overlooked foot note (1) to the advertisement which provides that total points shall be limited to eight points and, therefore, for having had obtained four points for MD/MS, at the best for DNB, the petitioners could be awarded four more points, as provided in the advertisement, totalling to eight points.

10. Be that as it may, the contention of the State Government before the learned Single Judge, which has been repeated before us, was that inasmuch as for the recruitment for the posts in question there is no statutory rule, the State Government was bound by each word used by it in the advertisement and, accordingly, it could not deviate from what had been set down in the advertisement. It was contended Page 1761 before the writ Court as well as before us that while equivalence was mentioned in the advertisement in relation to MD/MS, the advertisement did not mention equivalence of MRCP or MRCPG or FRCS. It is the contention of the State Government that the State Government having had published advertisement, was estopped by representation from acting contrary to the advertisement. It was submitted that the State Government through the advertisement represented to the world at large that it would act in the manner as it has represented in the advertisement. Therefore, without altering the advertisement, it could not act contrary to the representation as was made in the said advertisement. It was stated that the qualifications of MRCP, MRCPG and FRCS entailed six points. The advertisement did not say that a person who has obtained equivalent qualification as that of MRCP, MRCPG and FRCS would also be entitled to six points. The State Government, therefore, contended that they could not act contrary to the norms laid down by them to guide their actions pertaining to merit evaluation criteria as had been set down by them and represented through that advertisement. We think there is great substance in what has been submitted on behalf of the State Government.