IMPORTANT POINT
Additional eligibility criteria cannot be added contrary to service rules.

JUDGMENT

Madan B. Lokur, J.

1. Leave granted.

2. The only question for consideration is whether respondent No.5 Dr.D.D. Gupta was eligible for being considered for promotion to the post of Assistant Professor in accordance with the Himachal Pradesh Medical Education Service Rules, 1999. In our opinion, the question should beans we red in the affirmative and against the appellant Dr. Purshotam Kumar Kaundal.

3. The eligibility criteria for promotion to the post of Assistant Professor, as laid down in the Service Rules is as follows:- "By promotion from amongst the lecturers who possess three years regular service or regular combined with continuous ad hoc (rendered upto 31.3.1998) service, if any, in the grade in the concerned specialty failing which by appointment (by selection from amongst the members of H.P. Civil Medical Service (General Wing) having recognized post-graduation degree or its equivalent qualification in the concerned specialty and possess at least three years teaching experience as Lecturer / Registrar / Demonstrator / Tutor / Sr. Resident / Chief Resident in the concerned specialty after doing post-graduation in the concerned specialty failing which by direct recruitment."

4. Dr. Gupta had obtained a post graduation degree in Pharmacology from the Maharishi Dayan and University, Rohtak on 31st December, 1991. He believed that he met the eligibility criterion as per the Service Rules and ought to have been considered for promotion to the post of Assistant Professor.

5. However, when his case came up for consideration for promotion before the Departmental Promotion Committee on 28th August, 2001 he was not considered apparently on the ground that he did not possess an M.D. degree in Pharmacology duly recognized by the Medical Council of India (for short the MCI). We were told that this decision was based on a letter dated 8thJuly, 2001 issued by the Deputy Secretary in the MCI to the Director of Medical Education and Research, Himachal Pradesh in which it is stated as follows :- "Kindly refer to your letter No. HFW (DME) H(1)A-20/99, dated 1.9.2001, this is to inform you that MD (Pharmacology) qualification granted by Maharishi Dayan and University in respect of students being trained at Pt B.D. Sharma Postgraduate Institute of Medical Science is not recognized by the Council for purposes of IMC Act, 1956."

6. Dr. Gupta challenged the failure of the Departmental Promotion Committee to consider him for promotion by filing an original application before the State Administrative Tribunal. The original application was transferred to the High Court of Himachal Pradesh and registered as CWP (T)No.7948 of 2008.

7. By a judgment and order dated 9th August, 2010 a learned Single Judge of the High Court rejected the writ petition filed by Dr. Gupta. The learned Single Judge held that Section 11(1) of the Indian Medical Council Act, 1956 (for short the Act) provides that only those medical qualifications granted by any university or medical institution in India which are included in the First Schedule to the Act shall be recognized medical qualifications for the purposes of the Act. The learned Single Judge held that since an M.D. in Pharmacology from the Maharishi Dayanand University was not included in the First Schedule to the Act, Dr. Gupta was not eligible for being considered for promotion to the post of Assistant Professor in Pharmacology.

It was also held that since Maharishi Dayanand University did not apply for recognition of the qualification to the Central Government in terms of Section 11(2) of the Act, Dr. Gupta was also not entitled to the benefit of that sub-section of Section 11 of the Act. The learned Single Judge also referred to Section 2(h) of the Act which defines a recognised medical qualification as meaning any of the medical qualifications included in the schedules of the Act. It was held that the qualification obtained by Dr. Gupta from the Maharishi Dayanand University did not fall under any schedule to