1. The petitioner is a Cardiologist, working on the post of Associate Professor, Rajendra Institute of Medical Sciences, Ranchi (hereinafter referred to as RIMS). He is an aspirant for the post of Professor, Department of Cardiology in RIMS. He is challenging the experience qualification in Advertisement No. 11035 dated 09.09.2016, whereby applications for appointment on the post of Professor, Associate Professor, Assistant Professor and Medical Officer were invited. Alternatively, he is seeking a direction upon the respondent-RIMS to invite him for interview and appoint him on the post of Professor.

2. Mr. Anil Kumar Sinha, the learned senior counsel for the petitioner contended that the respondent-RIMS has prescribed a qualification in the advertisement for appointment to the post of Professor which is contrary to the Ranchi Institute of Medical Sciences Act, 2002 and the Rules framed thereunder. This contention is founded on a premise that the experience qualification as prescribed under Schedule-III to the Rajendra Institute of Medical Sciences Regulations, 2014 is contrary to the norms prescribed by the Medical Council of India (MCI), which governs the field of medical education.

3. The petitioner claims that he is a 1996 batch MBBS from Patna Medical College and Hospital, from where he obtained a Degree in M.D. (Medicine) in the year 2001. He worked as Senior Resident, Cardiology between the period 25.01.2002 to 24.01.2005, i.e. for 3 years. It is pleaded by the petitioner that this period of 3 years during which he worked as Senior Resident should be counted as teaching experience. He has enclosed certificates in support of his claim. He completed Doctor in Medicine (Cardiology), course for which runs for 3 years (10.06.2006 to 09.06.2009). He was appointed as Assistant Professor in RIMS on 19.04.2010. After working for 2 years, 1 month and 10 days, he was appointed to the post of Associate Professor. By 15.10.2016, which was the last date for submission of application pursuant to Advertisement No. 11035, he has completed 4 years, 4 months and 14 days. He claims that he has done 4 research works also. In these facts, the learned senior counsel for the petitioner contended that the petitioner has acquired the requisite experience under the advertisement and while so, a direction may be issued to the respondent-RIMS to issue interview letter forthwith.

4. The qualification for appointment on the post of Professor, which has been notified in the advertisement, reads as under:

“Twelve years teaching and/or research experience in recognized institution in the subject of super-speciality for the candidates possessing recognized DM/MCh degree course of 02 years after MD/MS or 05 years degree course after MBBS in the respective discipline/subject or a qualification recognized equivalent thereto.

Eleven years teaching and/or research experience in recognized institution in the subject of super-speciality for the candidates possessing recognized DM/MCh degree course of 03 years after MD/MS or 06 years degree course after MBBS in the respective discipline/subject or a qualification recognized equivalent thereto.”

5. While making a prayer for a direction to the respondent-RIMS to invite him for interview, the petitioner has tried to project himself qualified for the post of Professor under the advertisement. Whether he fulfills those conditions or not and, whether he has acquired requisite experience qualifications or not, are not the issues falling for consideration by the Court. There is no prayer seeking a declaration that the post of Senior Resident is a teaching post or the period of his Senior Residency shall be counted as teaching experience. In fact, it is the function of the Regulator and not the Court. Whether the petitioner fulfills the qualifications and qualifies for an invitation for interview or not, is an issue exclusively