IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN th ON THE 11 OF MARCH, 2024 WRIT PETITION No. 14599 of 2016 BETWEEN:-

DR. BEENU KUSHWAH D/O DR. RAJENDRA SINGH KUSHWAH, AGED ABOUT 37 YEARS, OCCUPATION: ASSISTANT PROFESSOR (GYNAC) SHYAMSHAH MEDICAL COLLEGE REWA P.O. AND DISTRICT REWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI AMIT KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY MEDICAL EDUCATION GOVT. OF M.P. MANTRALAYA BHOPAL (MADHYA PRADESH)

2. DIRECTOR DIRECTORATE OF MEDICAL EDUCATION BHOPAL (MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER AND DEAS S.S.MEDICAL COLLAGE, REWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AJAY SHUKLA - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

The present petition has been filed challenging the decision taken by the competent authority of respondent No. 3 Medical College, Rewa whereby the representation of the petitioner against her non-selection in the selection process initiated in the year 2007 has been rejected.

Signature Not Verified Signed by: ARVIND KUMAR

2. The brief facts of the case as stated by the learned counsel for the petitioner are that the petitioner had applied for the post of Assistant Professor in the advertisement issued in June 2007. However, her candidature for the said post was rejected on the ground that her degree of MD (Doctor of Medicine) was not obtained in first attempt but was obtained in two attempts, hence, 5 marks for obtaining MD degree in two attempts were deducted.

3. The petitioner had earlier filed W.A. No. 255/2009 in the matter of impugned selection and initially this Court vide order dated 05.02.2013 held that the advertisement itself prescribed that candidate must possess requisite qualification as prescribed by Medical Council of India and qualification of DNB could not have been treated as equivalent to the qualification of MD/MS.

4. It is further submitted by learned counsel for the petitioner that in RP No. 170/2013, the order was reviewed and the respondent No. 3 was directed to re-examine the matter because DNB qualification was placed in Schedule-II of Medical Council of India Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998. Thus, the respondent No. 3 was directed to reconsider the matter.

5. After reconsideration, the respondent No. 3 vide Annexures P/1 and P/2 has recorded that the DNB degree relied by the petitioner is not supported by one years research experience certificate, hence, it cannot be considered as equivalent to MD/MS.

6. Learned counsel for the petitioner has relied on the subsequent circular of Government of India Annexure P/3 dated 01.06.2006 stating that requirement of teaching experience for appointment DNB degree holders needs to be discontinued, thus it is his contention that the case ought to have been decided as per circular Annexure P/3.

Signature Not Verified Signed by: ARVIND KUMAR

7. Per contra it is stated by learned counsel for the respondents that criteria as prevailing as per schedule 2 of Regulation 1998 was that DNB qualification granted on or after 1st June 1976 should be after due examination and fulfilling one year research experience. As the petitioner did not have requisite one year research experience, her DNB qualification was not treated equivalent to MD/MS.

8. It is not disputed that subsequently the petitioner was selected in the year 2010 on the post of Assistant Professor and she has continued in service and has been promoted to the post of Professor since then.

9. This court has heard learned counsel for the rival parties and perused the record.

10. The advertisement for the post of Assistant professor was issued on

30.04.2007 and the last date for application was 06.06.2007. The petitioner applied for selection to the post of Assistant Professor in Obstetrics and Gynecology. The requisite qualification as per Clause II of advertisement was that the educational qualific