Judgment

ALAGIRISWAMI, J. :- This is an appeal by special leave against the judgment of the High Court of Delhi allowing the writ petition filed by the 1st Respondent questioning the appointment of the 2nd respondent to the post of Professor of Orthopaedic Surgery in the Maulana Azad Medical College and reverting her as Associate Professor.

2. The question that arises for decision in this case is whether the post-graduate qualification which is undoubtedly required in the case of a direct recruitment to the post in question is also a necessary qualification for appointment by promotion to that post and what is the meaning of the phrase a post-graduate degree in the concerned speciality . The first respondent possesses the following qualifications : She is M.B.B.S. of the Bombay University, F.R.C.S. of the Edinburgh University, M.Ch. (Orth) of the Liverpool University and also of F.R.C.S. (Eng.). The second respondent holds an M.B.B.S. degree and in addition the qualification of F.R.C.S. of the Edinburgh University. Consequent on the selection made by the Departmental Promotion Committee, the second respondent was appointed to the post in question, as already mentioned, and as a consequence the first respondent was reverted as Associate Professor.

3. The case raises the question of interpretation of the Central Health Service Rules, 1963, as amended in the years 1966 and 1968. These rules are made under article 309 of the Constitution. In the earlier stages the categories into which the various posts in the Central Health Service were divided, were fairly simple. In 1966 pursuant to regulations framed by the Indian Medical Council the Government amended the rules creating the category of Specialists . In 1968 further amendments were made in items 2 and 3 of Annexure I to the Second Schedule requiring "a post-graduate degree in the concerned speciality mentioned in Part A of Annexure II or equivalent" for the post of a Professor, Reader or Lecturer. The promotion in question having been made thereafter, the rules as amended in 1966 and 1968 will govern the qualifications necessary for this post.

4. The post in question is one which falls under Supertime Grade II in Rule 4 of the Central Health Service Rules. According to Rule 8 (3) fifty per cent of the vacancies in Supertime Grade II shall be filled by the promotion of (i) General Duty Officers, Grade I with not less than 10 years of service in that category, or (ii) Specialists Grade Officers with not less than 8 years of service in the category, in the ratio of 2:3 on the recommendation of a Departmental Promotion Committee on the basis of merit and seniority of the officer concerned. Provided that no person shall be eligible for appointment to any such post unless he possesses the qualifications and experience requisite for appointment to such post. The question then is : What are the qualifications and experience requisite for appointment to the post of Professor of Orthopaedics ? There is no dispute that according to the Second Schedule, which deals with selection by the Union Public Service Commission a professor in a medical college or teaching institution should have a post-graduate degree in the concerned speciality mentioned in Part A of Annexure II or equivalent. It is not necessary to refer to the other qualifications because they do not arise for decision in this case. In Annexure II to that Schedule against Item 7 (Orthopaedics), the qualifications mentioned are M.S., M.C.H. (Orthopaedics) (Liverpool), F.R.C.S. The 1st respondent, as already mentioned, has got the degree of M.C.H. (Orth.) (Liverpool). The 2nd respondent is a F.R.C.S. If F.R.C.S. mentioned therein can be considered to be a post-graduate degree in the concerned speciality, Orthopaedics, the first respondent s petition cannot obviously succeed. It seems to us that the qualification of F.R.C.S. cannot be deemed to be a post-graduate degree in Orthopaedics.

5. Are we then to take it that because the Ann