IMPORTANT POINT
Experience as an Additional Professor is equivalent to that of a Professor for appointment as Principal in a Medical College, as affirmed by MCI and NMC regulations.

JUDGMENT :

MAHESH CHANDRA TRIPATHI, J.

1. Heard Sri Awadh Behari Singh, learned counsel for the Appellant/respondent No. 5, Sri Ashok Khare, learned Senior Advocate assisted by Sri Kunal Shah, learned counsel for the respondent No. 5/petitioner, Sri Mohan Srivastava, learned Standing Counsel for the State-respondents and Sri Sayujya Singh, Advocate appearing along with Sri Vivek Kumar Singh, learned counsel for the respondent No. 2-National Medical Commission.

2. The present intra court appeal is directed against the impugned common Judgment and order dated 22.12.2023 passed by Hon’ble Single Judge passed in Writ (A) No. 17887 of 2022, (Dr. Sheo Kumar Vs. State of Uttar Pradesh and others), Writ (A) No. 11798 of 2021, (Dr. Jitendra Singh Kushwaha Vs. State of Uttar Pradesh and others) and Writ (A) No. 4236 of 2022 (Sheo Kumar vs. State of Uttar Pradesh and Others).

FACTUAL MATRIX OF THE CASE

3. Facts in nutshell essential for disposal of the instant appeal are noted herein-below:

4. The controversy involved in the aforementioned petitions was decided by the learned Single Judge with a common judgment and order dated 22.12.2023. The short question before the learned Single Judge was whether 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. The Commission had invited applications for the solitary post of Principal (Allopathy) in the Department of Medical Education through an advertisement dated 22.12.2020. The “Essential Qualification” for the said post required a candidate to have a total teaching experience of at least 10 years as a Professor/Associate Professor/Reader in a Medical College/Institution recognized by the MCI [The Medical Council of India] of which at least 5 years should be as a Professor in a department. As the appellant/respondent No. 5 raised questions about the alleged experience of the respondent No. 5/petitioner-Dr. Sheo Kumar, his experience is reproduced below for ready reference:

Experience of the Petitioner/Respondent No. 5:

(i) Associate Professor: 3 years

(ii) Additional Professor: 4 years

(iii) Professor: 3 years 6 months 22 days

(iv) Total cumulative experience: 10 years, 6 months, 22 days

(v) Experience as Professor and Additional Professor: 7 years, 6 months, 22 days

5. In response to the advertisement, the Commission shortlisted the candidates and called them for an interview. During the interview, the Respondent No. 5/Petitioner was asked by the Commission to submit an undertaking to the effect that within 30 days he would produce: (i) certified copies of the experience certificate demonstrating that he had 10 years of teaching experience, including 5 years as a Professor, and (ii) guidelines from the Medical Council of India treating both the posts of Professor and Additional Professor as equivalent. In response, the Respondent No. 5/Petitioner complied with th