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2017 Supreme(SC) 128

KURIAN JOSEPH, A.M.KHANWILKAR
MANISH SHARMA – Appellant
Versus
DIRECTOR, DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH – Respondent


JUDGMENT

KURIAN, J.

The appellant aspires promotion to the post of Assistant Professor, Anesthesiology under the respondent. He apprehends that on account of the impugned order passed by the High Court, he will not be considered for the post. Presently, he is working as Senior Resident under the respondent. According to the appellant, the two years Post-Graduate Diploma possessed by him is a sufficient qualification in terms of the Recruitment and Promotion Rules. The relevant rule on essential qualifications reads as under:-

“Essential qualification:

(i) A recognized medical qualification included in the first or second Schedule or Part-II of the third Schedule (other than Licentiate qualification) to the Indian Medical Council Act, 1956. Holders of Educational Qualification included in Part-II of the Third Schedule should also fulfill the conditions stipulated in sub-section (3) of Section 13 of Indian Medical Council Act, 1956. (ii) A post graduate degree in the concern specialty mentioned in Part-A of Annexure-II or its equivalent qualifications.

(iii) At least 3 years teaching experience as Lecturer/Registrar/ Demonstrator/Resident after doing post graduation in the concerned speci







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