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IN THE HIGH COURT OF ALLAHABAD
Ajit Kumar, J.
Dr. Sheo Kumar – Petitioner
Versus
State of U.P. and others – Respondents
WRIT -A No. – 17887 & 4236 of 2022, WRIT – A No. - 11798 of 2021
Decided On : 22-12-2023
Experience - Principal (Allopathy) - [Regulation 6 of the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, Minimum Qualifications for Teachers in Medical Institutions Regulations 1998, Circular letter issued by the SGPGI, Lucknow on 27.01.2012, Office Order No.6129/DIR/PGI/ER/-Acad/3090/2010 dated 6 October 2010, New Career Progression Scheme, Board of Governors in supersession of MCI, National Medical Commission (NMC) Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022] - The court considered whether defining the experience of a Professor by including experience of Additional Professor would amount to encroaching upon the Rule making power and thereby changing the essential qualification prescribed for under the relevant Rules and, therefore, the Commission was justified in cancelling the provisional selection or conversely, the clarification made as to the experience by the State Government vide letters dated 10.01.2022 and 30.05.2022 was to answer the query and remove the confusion, if created superficially and, therefore, would not amount to changing qualification, inasmuch as such a clarification is not a faulty one and so the clarification made under the letters do not suffer from any illegality and Commission was not justified in cancelling selection of petitioner.
Fact of the Case:
Dr. Sheo Kumar filed a writ petition challenging the cancellation of his selection as Principal (Allopathy) by the Uttar Pradesh Public Service Commission. The controversy revolved around whether the experience as an Additional Professor would count as experience of a Professor, which a candidate is required to possess to become Principal of a Medical College under the relevant Rules.
Finding of the Court:
The court found that the experience of a Professor includes the experience of an Additional Professor as per the guidelines prescribed by the Medical Council of India and the National Medical Commission. The State Government also clarified that the experience of an Additional Professor would count towards the experience of a Professor. The court held that the Commission's cancellation of the provisional selection of Dr. Sheo Kumar was unjustified and quashed the order.
Issues: The main issue was whether the experience of an Additional Professor could be considered as experience of a Professor for the post of Principal (Allopathy) in the Department of Medical Education.
Ratio Decidendi: The court held that the experience of a Professor includes the experience of an Additional Professor as per the guidelines prescribed by the Medical Council of India and the National Medical Commission. The State Government also clarified that the experience of an Additional Professor would count towards the experience of a Professor. The court further found that the Commission's cancellation of the provisional selection of Dr. Sheo Kumar was unjustified and quashed the order.
Final Decision: The court allowed the writ petition filed by Dr. Sheo Kumar, quashed the order cancelling his selection, and directed the Commission to make recommendations for his appointment as Principal (Allopathy). The writ petition filed by Dr. Jitendra Singh Kushwaha was dismissed.
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kunal Shah, learned counsel for the petitioner, Sri Sanjay Kumar Om and Sri F.A. Ansari, learned counsel appearing for Public Service Commission in respective petitions and Sri V.K. Singh, learned Senior Advocate assisted by Sri Kandarp Narayan and Sri Gaurav Pundir, learned counsel appearing for Dr. Jitendra Singh Kushwaha (respondent No.5 in Writ-A No.17887 of 2022 and petitioner in Writ-A No.11798 of 2021).
2. Writ-A No.17887 of 2022 has been filed by Dr. Sheo Kumar, whose selection has been cancelled by the Uttar Pradesh Public Service Commission (hereinafter referred to as “ the Commission”) vide its order dated 10.08.2022, which is under challenge, whereas Writ-A No.11798 of 2021 has been filed by Dr. Jitendra Singh Kushwaha questioning the selection of Dr. Sheo Kumar as Principal (Allopathy) in the Department of Medical Education on the ground that he did not possess the requisite experience under the relevant Recruitment Rules.
3. Writ-A No.17887 of 2022 is being taken up as a leading petition. The controversy involved in afore-captioned petitions is very short; as to whether the experience as an Additional Professor in a Medical College would also count as experience of a Professor, which a candidate is required to possess to become Principal of a Medical College under the relevant Rules.
4. Dr. Sheo Kumar has experience as an Additional Professor from 01.07.2013 to 30.6.2017 and then as Professor with effect from 01.07.2017 to 13.07.2020 and then from 14.07.2020 to 13.05.2021, thus total period of experience taking the post of Additional Professor and Professor together, Dr. Sheo Kumar has an experience of eight years.
5. The post of Principal (Allopathy) in the Department of Medical Education was advertised by the Commission on 22.12.2021 vide advertisement No.3/2020-21. For the purposes of essential qualifications, it prescribed that a candidate should possess (i) MD/MS or an equivalent qualification recognised by Medical Council of India (hereinafter referred to as “MCI”) and (ii) at least 10 years teaching experience as a Professor/Associate Professor/Reader in a recognised Medical College/Institution, out of which atleast five years should be as a Professor in a Department. These were the basic qualifications prescribed for.
6. Both the petitioner and respondent No.5 applied for the post in question and petitioner came to be selected provisionally vide notification dated 20.07.2021 issued by Deputy Secretary of the Commission. While the provisional selection was notified by the Commission, Dr. Jitendra Singh Kushwaha, the other applicant filed, a writ petition before this Court questioning the provisional selection of the petitioner and prayed for a mandamus that he may be taken to be selected and be recommended for appointment. Later, amending the writ petition, he also challenged the order of the Chief Secretary, Government of U.P. dated 10.01.2022 whereby a clarification was made by the State Government that qualification for the post of Professor and Additional Professor being the same, the teaching experience of both Additional Professor and Professor should be taken to be as of a Professor and, therefore, Dr. Sheo Kumar was absolutely eligible for the post in question.
7. Sri Ashok Khare, learned Senior Advocate assisted by Sri Kunal Shah, learned counsel appearing for the petitioner Dr. Sheo Kumar has submitted that in the State of U.P. while State Medical Colleges have 3-tier hierarchical system of teaching faculty with Assistant Professor, Associate Professor and Professor, the Institution like Sanjay Gandhi Postgraduate Institute has 4-tier system with the post of Assistant Professor, Associate Professor, Additional Professor and Professor. He submits that though there is little difference in the pay-scale between the post of Add
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