Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.

JUDGMENT

Tushar Rao Gedela, J.

W.P.(C) 9454/2017

1. The petitioner challenges the impugned judgment dated 23.05.2017 in OA No. 4690/ 2014 and Order dated 10.08.2017 in RA No. 181/2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "Tribunal"), whereby the aforesaid OA of the Petitioner was dismissed.

2. By way of an application bearing CM No. 42645/2017 under Order 1 Rule 10 of CPC, filed by the Petitioner, this Court vide Order dated 08.01.2018 permitted the erstwhile Medical Council of India now National Medical Commission, to assist the Court at the time of hearing of arguments. The Medical Council of India is hereinafter referred to as "MCI" for convenience.

3. The facts involved in the present case, capitulated in the impugned order, are as under:

A. The Union Public Service Commission-Respondent No.2 (hereinafter referred to as "UPSC") issued Advertisement No. 15/2013 published in Employment News dated 12-18 October, 2013 inviting online recruitment applications for recruitment by selection for various posts including 14 posts of Assistant Professor (Radiotherapy) in the Ministry of Health and Family Welfare (Vacancy No.l3101509112 at serial number 9). Out of the 14 posts, 2 were reserved for SC, 1 for ST and 4 for OBC. Remaining 7 posts were for unreserved category. For selection/ recruitment to the said post, following qualification/experience was prescribed:

"QUALIFICATIONS: ESSENTIAL:

A.EDUCATIONAL:

(i) A recognized medical qualification included in the First or the Second Schedule or Part-II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in Part-II of the Third Schedule should also fulfil the conditions stipulated in sub-section (3) of section 13 of the Indian Medical Council Act, 1956. (ii) Post Graduate degree in the concerned speciality i.e. MD (Radiotherapy), D.M.R.T. or equivalent diploma of two years duration or equivalent.**The candidate holding DNB qualifications would need to get their qualification verified by NBE as whether it is as per the recruitment of the Gazette notification No.MCI-12(2)/2010-Med.Misc. dated 11.6.2012 and produce such verification certificate at the time of interview.

B. EXPERIENCE: Three years' teaching experience in the concerned specialty as Lecturer/Tutor/Registrar/Demonstrator/Senior Resident after the requisite Postgraduate qualification. [Teaching experience in any other post like the post of General Duty Medical Officer/Medical Officer shall not be considered for eligibility purpose for recruitment to teaching posts]."

4. The petitioners in both the OA's before the Tribunal, claiming to be possessed of the requisite qualifications and experience, applied for the post of Assistant Professor (Radiotherapy) under the General category. It is stated that the results were published in the Employment News of 27 September - 03 October, 2014 for the post of Assistant Professor (Radiotherapy), Teaching Specialist Sub-Cadre of Central Health Services, Ministry of Health and Family Welfare. The name of Dr. (Ms.) Pragya Shukla (OA No.4690/2014) was at number 4 out of the 8 recommended candidates. The petitioner was intimated vide communication dated 07.08.2014 that her name was recommended to the Ministry of Health and Family Welfare for appointment to the post of Assistant Professor (Radiotherapy). Para 2 of the said communication, however, contained a stipulation that the offer of appointment would be made only after the Governmen