Judgment

SEN, J. :- These three appeals and the special leave petitions are directed against the judgment and order of the Andhra Pradesh Administrative Tribunal, Hyderabad dated 22nd February, 1985 quashing the panel of names prepared by the State Government under R. 8 of the Andhra Pradesh Medical & Health Service Special Rules, 1982 to fill up the promotional post of Professor of Cardiology as on 1st, July, 1983 reckoning the teaching experience of all the Assistant Professors in that super speciality in order of seniority, holding that the Assistant Professors of Cardiology in different medical colleges in the State who had the requisite five years teaching experience under R. 5 of the Rules having the alternate* qualification in cl. (b) of Annexure II were eligible for promotion as such and directing the State Government to draw up a fresh panel after considering the claims of all such Assistant Professors of Cardiology treating them as possessing the requisite teaching experience in terms of R. 5 for the promotional post of Professor of Cardiology as on 1st July, 1983. That turns on the meaning of the expression two years training in Cardiololgy as specified in cl. (b) of column 5 at serial No. 17 of Annexure II to the Rules prescribing the qualifications for the post of Professor of Cardiology. The Tribunal was of the view that such Assistant Professors of Cardiology were entitled to have the benefit of teaching experience gained by them as such after obtaining the post-graduate degree in MD/MRCP in that speciality on the crucial date 1st July 1983 when the State Government purported to prepare a panel under R. 8 of the Rules. The issue involved is of far-reaching importance to the entire medical profession as similar problem is faced by the State Government in promoting Readers/Associate Professors in a speciality to the post of Professor in that speciality in the medical colleges.

* alternative - Ed.

The matters were heard a long time back and closed for judgment, but then a similar question arose in Civil Appeal No. 4456 of 1986 - State of Orissa v. Dr. Sivsanker Lal Bajoria & Anr. - and therefore the matters were re- listed. By order dated 12th December, 1986 this Court granted special leave to the State Government of Orissa against the judgment and order of the Orissa High Court evolving a rule of substantial compliance. But learned counsel for the parties in these matters stated that they had made their submissions on merits and desired that the Court should proceed to judgment.

At the very outset, we wish to place on record that in Civil Appeal No. 4456 of 1986 we had on 29th October, 1986 issued notice to the Medical Council of India to enable it to clarify its stand as to the eligibility of Assistant Professors/Readers in Cardiology to the promotional post of Associate Professor/Professor of Cardiology and in particular as to the import of the term two years special training within the meaning of Regulation 5(2)(b) of the Indian Medical Council Regulations, 1970, framed under S. 33 of the Indian Medical Council Act, 1956. We desired the Indian Medical Council to specify the particular institution where such special training is imparted. It would be profitable to reproduce the relevant averments in the affidavit sworn by the Assistant Secretary on behalf of the Medical Council of India placing its point of view :

"With reference to the question whether any syllabus has been prescribed for further studies in Cardiology is concerned, I state that the Council is a regulatory body which has its own rules under the Act. It does not prescribe any syllabus which is within the jurisdiction of every University and medical institutions. The Medical Council of India only prescribes broad guidelines for training in post-graduate/post-doctoral courses leading to post-graduation in D.M. (Cardiology), period of study, conduct of examination etc.; true copy of the said broad guidelines which will cover post-graduation courses is ann