PG Diploma not equal to PG degree for assistant professor promotions: Himachal HC
Himachal Pradesh High Court
Shimla: In a recent judgment, the Himachal Pradesh High Court has ruled that a postgraduate diploma cannot be considered equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Services Rules, 1999.
After going through the provisions of the rules, the HC bench comprising Justice Vivek Singh & Justice Sushil Kukreja observed, "Bare reading of the provisions includes that prescribed essential qualification is Post Graduation Degree or its equivalent qualification with condition that such candidate must possesses 3 years teaching experience after doing Post Graduation. The word ‘after doing Post Graduation’ relates to the minimum essential qualification, i.e. Post Graduation Degree in concerned speciality or its equivalent. In case, there would have been intention to include teaching experience after doing Post Graduation Diploma, then it would have been mentioned specifically in the Rules that teaching experience can be gained after doing either Post Graduation Decree or Diploma. There is no reference of Post Graduation Diploma in the essential qualification, therefore, meaning of words ‘after doing Post Graduation’ has to be construed as “after doing Post Graduation Degree”."
"In absence of reference of “Diploma” in the essential qualification at any place, the Post Graduation Diploma cannot be imported for interpreting the word ‘after doing Post Graduation’ as Post Graduation Degree or Diploma or to say that these words include Post Graduation Diploma also in addition to Post Graduation Degree referred in earlier part of Rules providing essential qualification as Post Graduation Degree," noted the HC bench.
These observations were made by the Court while considering the plea filed by the petitioner, who completed his MBBS in 2006 and after working for a few years, got his MD from Dr. Rajendra Prasad Government Medical College, Tanda in 2024. Thereafter, the petitioner joined as a Medical Officer in Chamba Medical College.
Filing the plea, the petitioner argued that as per the Himachal Pradesh Medical Education Service Rules, 1999, 50% of Assistant Professor Posts are to be filled through promotion of in-service doctors. According to the petitioner, his three years of teaching experience as a Senior Resident, after completing the PG medical diploma, should be counted towards eligibility.
However, the petitioner claimed that the Departmental Promotion Committee ignored his claim and recommended another candidate for the promotion instead.
While considering the plea, the HC bench, after examining the Service Rules of 1999, noted that the minimum qualification for an Assistant Professor is a Postgraduate degree, and since there is no mention of a diploma in the Rules, it cannot be read into them.
At this outset, the Court remarked that the 1999 rule demanded three years of teaching experience after a postgraduate degree, and the teaching experience of the petitioner as a Senior Resident, gained after a diploma, but before his MD Degree, did not satisfy the requirement.
The bench pointed out that in Civil Appeal No. 4415 of 2011 (Manish Sharma’s case) the question considered by the Apex Court was that “whether the PostGraduate Diploma possessed by the appellant was equivalent to the prescribed qualification of a Post-Graduate Degree in Anesthesiology’ and it was observed by the Court that said question was required to be decided by the competent authority in terms of Rules and the appeal was disposed of by the Apex Court directing the respondent-competent Authority to take a decision in terms of applicable Rules.
"The Apex Court had not decided the issue on merit, but had left it open to be decided by Competent Authority. There is nothing on record to say that Competent Authority had decided that Post Graduate Degree and Post Graduate Diploma are one and the same thing," the HC bench observed at this outset.
Accordingly, the HC bench upheld the decision of the departmental promotion committee, which had declared the petitioner ineligible. The Court noted,
"In view of above observations, we are of the considered opinion that respondents as well as Departmental Promotion Committee had rightly arrived at conclusion that at the time of conducting the meeting of DPC, petitioner was not eligible to be appointed as Assistant Professor Anesthesiology for want of essential qualification provided under the relevant Rules."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/himachal-pradesh-hc-promotion-303220.pdf
