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2008 Supreme(J&K) 143
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain, J.
Wajid Ali (Dr.) - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 143/2008 and SWP No. 19/2008
Decided On : 03 May, 2008
Advocate For Appellant: S.T. Hussain
Advocate For Appellant: Muzaffar Hussain Attar
Advocate For Respondent: A.M. Magray
The central legal point established in the judgment is the validity and recognition of the petitioner's MD (Paediatrics) degree by Kashmir University, as supported by relevant legal provisions and interpretations.
Headnote:
MD (Paediatrics) - Eligibility for Professor post - MD (Paediatrics) - [MCI-70(22)/ 2003-Med/18270, Arun Kumar Agerwal v. State, AIR 1991 SC 1514] - The court discussed the eligibility of the petitioner for the post of Professor based on his MD (Paediatrics) qualification issued by Kashmir University through Govt. Medical College, Srinagar. The court referred to MCI-70(22)/ 2003-Med/18270 and the judgment in Arun Kumar Agerwal v. State, AIR 1991 SC 1514 to establish the validity of the petitioner's degree and the interpretation of similar cases, influencing the decision to allow the petition and direct the respondents to interview the petitioner for the post of Professor in Neonatology.
Fact of the Case:
The petitioner, Dr. Wajid Ali, applied for the post of Professor in Neonatology but was denied an interview due to the respondents' contention that his MD (Paediatrics) degree from Kashmir University was not recognized by the Medical Council of India.
Finding of the Court:
The court found that the petitioner's MD (Paediatrics) degree was recognized by Kashmir University and referred to relevant judgments to establish the validity of the degree, ultimately allowing the petition and directing the respondents to interview the petitioner for the post of Professor in Neonatology.
Issues: The main issue was the eligibility of the petitioner for the post of Professor based on his MD (Paediatrics) qualification.
Ratio Decidendi: The court relied on the recognition of the petitioner's degree by Kashmir University and referred to MCI-70(22)/ 2003-Med/18270 and the judgment in Arun Kumar Agerwal v. State, AIR 1991 SC 1514 to establish the validity of the degree, influencing the decision to allow the petition.
Final Decision: The petition was allowed, and the respondents were directed to interview the petitioner for the post of Professor in Neonatology.
1. Petitioner Dr. Wajid Ali is substantively holding the post of Additional Professor, Neonatology in the SKIMS, Srinagar (the Institute). One post of Professor in the department of Neonatology, alongwith posts in other disciplines has been advertised by the Institute vide advertisement notices no. 2 of 2006 dated 31.5.2006 and no. 2 of 2007 dated 6.10.2007. The petitioner also applied. He was asked to remain present before the Apical Selection Committee on December 27, 2007 for a decision in the matter of his candidature for the post.
2. Petitioner is aggrieved that the respondents have not found him eligible for the post as such he has not been interviewed. He has through the medium of the present petition prayed for a writ of mandamus directing the respondents to convene meeting of the Apical Selection Committee, interview and consider him and appoint him on the post.
3. The respondents have filed their reply stating therein that the qualification prescribed for the post(s) is post-graduate qualification e.g. MD/MS, as recognised by the Medical Council of India. It is stated that the petitioner was awarded Degree of MD (Paediatrics) by Kashmir University through Govt. Medical College Srinagar. He applied in response to the advertisement notice no. 2 of 2006 dated 31.5.2006 read with notice no. 2 of 2007 dated 6.10.2007. The screening committee of the Institute which screened applications for Faculty position in various disciplines observed that MD (Paediatrics) awarded to the petitioner is not recognized by Medical Council of India. Accordingly he was advised to submit recognition certificate within a weeks time failing which it will be presumed that his Degree is not recognized by the Medical Council of India. Petitioner did not respond, however, he was still advised to be available on December 27, 2007 at the venue of the interview for a decision in the matter of his candidature for the post.
Heard, I have considered the matter.
4. The only issue involved in the present petition is whether the petitioner is eligible for the post as his Degree of MD (Paediatrics) has been issued by the Kashmir University through Govt. Medical College, Srinagar.
5. Learned counsel for the petitioner would submit that the petitioner was eligible under the rules for the post as such he had applied but the respondents have wrongly denied consideration to him and have refused to interview him. In this behalf he has relied on a judgment of this Court in Dr. Khalid Mohi-ud-din v. State (SWP NO. 930/05) decided on 2.2.2006.
6. Annexures placed on file, which are not disputed by the respondents, would show that MD (Paediatrics) was started in the Government Medical College, Srinagar in the year 1977 with the permission of Kashmir University and the first batch of students were examined in the year 1979. The course was started after the department was inspected by the MCI Inspector in 1975-76. The inspection team was headed by Professor S. S. Manchanda from Amritsar in 1975- 76 who submitted his report to MCI and the college was allowed to start MD Paediatrics. Kashmir University has recognised the course.
7. Communication No. MCI-70(22)/ 2003-Med/18270 dated 25.9.2003 addressed by the Secretary, Medical Council of India to Dr. S.K. Mittal, HOD of paediatrics, Maulana Azad Medical College, New Delhi would show that the issue of recognition of MD (Paediatrics), Govt. Medical College, Srinagar was under the active consideration of the Medical Council of India and the said HOD was appointed to conduct inspection of the college.
8. That the course had been recognized by the University of Kashmir is not even denied by the respondents. Admittedly the Degree of MD (Paediatrics) has been awarded to the petitioner by the University.
9. The case is squarely covered by Dr. Khalid Mohi-ud-Dins case (supra) where almost a similar issue was involved. In that case the Institute had started the MD course which was not recognised by the Medical Council of
