Teaching experience gained during a DM/M.Ch. residency program can be counted towards the mandatory experience requirement if the Recruitment Rules specify such counting and the requirement is based on the first postgraduate degree, regardless of whether the DM degree was completed by the closing date.

Hon’ble Mr. Manish Garg, Member (J) :

By way of the present O.A., the applicant has prayed for the following reliefs:-

(i) Quash the Final Short-Listing Criteria-Scrutiny Details dated 07.04.2025 in so far as the Petitioner (Roll No. 8) for the reason that the Petitioner Lacking Essential Qualification Experience LEQ- as null and void;

(ii) Direct the respondent to consider the Application of the Applicant and Short List the Application of the Applicant to enable her to appear for interview for the Advertised Post No. 10/2024 by the Respondent at Sr. No. 8, Vacancy No. 24051008125 'Post of Specialist Grade III Assistant Professor (Pediatrics), Department of Health & Family Welfare and further participate in selection process.

(iii) Pass any such other orders as it may deem fit to this Hon'ble Tribunal in the facts and circumstances of the case.”

Highlighting the facts of the case, learned counsel for the applicant submitted that the applicant is an aspirant for the post of Assistant Professor (Pediatrics). She had applied pursuant to the recruitment advertisement No. 10/2024 published by the UPSC.

Learned counsel for the applicant further submitted that the applicant meets all the essential qualifications as she is in possession of a recognized MBBS qualification coupled with the Post-Graduate (PG) Degree in Pediatrics. The PG Degree that is MD (Pediatrics) was completed successfully by the applicant on 31.12.2019. Since then the applicant has also completed 1-year working experience as senior resident in a teaching institute and has the certificate for the said experience as well. The requirement under the Recruitment Rules (RRs) as per the final short-listing criteria read as under:-

“

ESSENTIAL QUALIFICATIONS( EQs):

A) EDUCATIONAL:

(i) A recognized MBBS degree qualification included in the First Schedule or Second Schedule or Part II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956 (102 of 1956). Holders of Educational qualifications included in Part II of the Third Schedule should also fulfill the conditions specified in sub-section {3) of section 13 of the Indian Medical Council Act, 1956 (102 of 1956).

(ii) Post-Graduate degree in the concerned speciality or super speciality mentioned in Section A of Schedule VI from recognized Teaching Institute i.e. Doctor of Medicine (Paediatrics) or Diplomate National Board (Paediatrics).

(B) EXPERIENCE:

At least three years' teaching experience as Senior Resident or Tutor or Demonstrator or Registrar or Assistant Professor or Lecturer in the concerned Specialty or Super Specialty in a recognized teaching institution after obtaining the first Post Graduate degree.

NOTE-1: Doctorate of Medicine (D.M.} or Magister Chirurgiae (M .Ch.) qualification of three years' duration shall be counted towards requirement of teaching experience."

NOTE-2: Doctorate of Medicine (D.M.) or Magister Chirurgiae (M.Ch.) of five years' duration shall be taken as three years for completion of post graduate degree arid the last two years of the said Doctorate of Medicine (D.M.) or Magister Chirurgiae (M.Ch.) shall be counted towards requirement of teaching experience.

NOTE-3: The qualifications are relaxable at the discretion of the commission, for reasons to be recorded in writing, in case of candidates otherwise well qualified.”

Learned counsel for the applicant contended that as per Note -1, the experience gathered by the candidate while pursuing the Doctorate of Medicine (DM) that is a PG qualification shall also be counted towards the requirement of the teaching experience. He, therefore, submitted that the action of the respondents i.e. UPSC in disqualifying the applicant from the final short-listing criteria for lacking essential qualification (LEQ-B) is arbitrary and illegal.

Learned counsel further contended that the applicant had been pursuing a DM programme in Pediatric Oncology