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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4415/2011

MANISH SHARMA        APPELLANT(S)                                 VERSUS

DIRECTOR, DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH RESPONDENT(S)

J U D G M E N T KURIAN, J.

The appellant aspires promotion to the post of Assistant  Professor,  Anesthesiology  under  the respondent.   He  apprehends that  on account  of the impugned order passed by the High Court, he will not be considered for the post.  Presently, he is working as Senior Resident under the respondent.  According to the appellant, the two years Post-Graduate Diploma possessed  by  him  is  a  sufficient  qualification  in terms of the Recruitment and Promotion Rules.  The relevant  rule  on  essential  qualifications  reads  as under:-

“Essential qualification:    (i)  A  recognized  medical  qualification included  in  the  first  or  second  Schedule  or Part-II  of  the  third  Schedule  (other  than Licentiate qualification) to the Indian Medical Council  Act,  1956.  Holders  of  Educational Qualification included in Part-II of the Third Schedule  should  also  fulfill  the  conditions stipulated in sub-section (3) of Section 13 of Indian Medical Council Act, 1956. (ii) A post graduate degree in the concern specialty mentioned in Part-A of Annexure-II or its equivalent qualifications.

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(iii) At least 3 years teaching experience as Lecturer/Registrar/ Demonstrator/Resident after doing  post  graduation  in  the  concerned specialty in any recognized Medical College.”

2. The dispute is on the equivalency.  According to the  appellant,  the  two  years  Post-Graduate  Diploma possessed by him is equivalent to the Post-Graduate Degree  in  the  speciality.   It  appears  nobody  has considered this aspect of the matter.  The High Court in the impugned order followed an earlier judgment in CWP(T) No.15787/2008 decided on 20.11.2009 titled Dr. Manish Sharma v. State of Himachal Pradesh & Others, wherein  the  High  Court  took  the  view  that  the Post-Graduate  Diploma  cannot  be  treated  as Post-Graduation  qualification.   It  was  also  noted that the petitioner did not have sufficient length of experience. 3. Be that as it may, the question is whether the Post-Graduate Diploma possessed by the appellant is equivalent  to  the  prescribed  qualification  of  a Post-Graudate  Degree  in  Anaesthesiology.   The  same needs  to  be  decided  by  a  competent  authority,  in terms of the Rules.   4. We, therefore, dispose of this appeal, directing the  respondent/competent  authority  to  take  a decision, in terms of the applicable Rules, whether the two year Post-Graduate Diploma possessed by the appellant is equivalent to the Post-Graduate Degree in Anaesthesiology.   5. The decision, as above, shall be taken within a period of one month from the date of production of a copy of this judgment before the respondent. 6. We make it clear that the impugned order and the order dated 20.11.2009, referred to above, shall not stand in the way of the competent authority, taking a decision, as above.

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7. Pending  application(s),  if  any,  shall  stand disposed of. 8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; FEBRUARY 01, 2017.

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