Himachal Pradesh High Court Upholds Eligibility Criteria for Assistant Professor Promotions
Court Rules Post-graduate Degree Essential, Diploma Insufficient for Teaching Experience Requirement
In a significant judgment, the Himachal Pradesh High Court has dismissed the petition filed by Dr. Sunil Dutt challenging his ineligibility for promotion to the post of Assistant Professor in the state's medical colleges. Dr. Dutt's petition contested the decision of the Departmental Promotion Committee (DPC) that deemed him ineligible due to his teaching experience gained post a Post-graduate diploma rather than a degree.
The judgment, delivered by the Division Bench consisting of Justices Vivek Singh Thakur and Sushil Kukreja, emphasized the importance of adhering to the Himachal Pradesh Medical Education Service Rules, 1999. These rules clearly stipulate that a Post-graduate degree in the relevant specialty is a mandatory qualification for promotion. Furthermore, the rules require candidates to possess at least three years of teaching experience after acquiring the Post-graduate degree.
Dr. Dutt argued that his teaching experience, accrued after completing a Post-graduate Diploma in Anesthesiology, should be considered equivalent to the experience requirement stipulated for promotions. However, the court dismissed this claim, stating that the rules explicitly mention a Post-graduate degree and make no reference to a diploma as an equivalent qualification.
The court referred to the case of Manish Sharma v. Director, Department of Medical Education and Research, where the Supreme Court had directed the competent authority to assess equivalence under applicable rules. However, it was noted that no evidence was presented to establish such equivalence between a diploma and a degree in the current case.
The judgment reiterates the necessity for candidates to fulfill the essential qualification criteria of possessing a Post-graduate degree along with the requisite teaching experience gained post-degree. The court highlighted that interpreting the provisions to include experience gained after a diploma would be inconsistent with the intent of the rules.
This ruling underscores the importance of maintaining rigorous standards for promotions within medical educational institutions, ensuring that faculty members possess the requisite qualifications and experience to provide high-quality education.
Bottom Line:
Service Law - Eligibility for promotion to the post of Assistant Professor - Post-graduate degree in the concerned speciality is an essential qualification - Teaching experience gained after completing a Post-graduate diploma cannot substitute the requirement of teaching experience after obtaining a Post-graduate degree.
Statutory provision(s): Himachal Pradesh Medical Education Service Rules, 1999 - Rule 3 and Appendix-B
Dr. Sunil Dutt v. State of H.P., (Himachal Pradesh : Law Finder Doc id # 2787790
