[2025:RJ-JD:53765]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 24130/2025 Pankaj Tantia S/o Shri Anil Kumar Tantia, Aged About 41 Years, R/o Flat No. 1, Vishwas Royal (Building), A-31, Sadul Ganj, Bikaner-334001.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical Education Department, Ministry Of Medical, Health And Family Welfare, Rajasthan.

2. The Chairman, Rajasthan Public Service Commission, Ghooghra Ghati, Jaipur Road, Ajmer, Rajasthan- 305001.

3. The Chairman, National Medical Commission Of India, New Delhi, India.

----Respondents For Petitioner(s) : Mr. Vishal Singhal For Respondent(s) : --

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

11/12/2025

1. Heard the present writ petition for final disposal at the admission stage.

2. The challenge in the present writ petition is to the insistence on DM Medical Oncology as a qualifying qualification for the post of Assistant Professor in Oncology. The petitioner’s case is that he is holding Degree of MD (Medicine) and also claims that he has teaching experience in Medical Oncology in the medical college as a Senior Resident, as per Annexure-3. The advertisement requires the special qualification for Assistant Professor to be DM (Medical Oncology)/DNB. DNB is also treated as an equivalent qualification subject to certain parameters as determined under the principles of equivalency of qualifications (a) to (d) as specified under the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (hereinafter referred to as ‘the Regulations of 1998’), i.e. Annexure-10. The petitioner’s case is that such a qualification prescribed under the advertisement of the year 2021 was not in accordance with the Medical Council of India (MCI) Regulations, 1998 with regard to qualifications mentioned for Professor / Reader / Associate Professor / Assistant Professor / Lecturer / Tutor / Demonstrator / Resident / Registrar in teaching colleges in the Regulations of 1998, as amended in December 2009. The amended Regulations of 2009 require the qualification for Professor / Reader / Associate Professor / Assistant Professor / Lecturer / Tutor / Demonstrator / Resident / Registrar in Medical Oncology to be DM (Medical Oncology)/MD (Medicine)/MD (Radiotherapy) or MD (Paediatrics) with two years’ special training in Medical Oncology. In addition to that, for the post of Assistant Professor, one must have three years’ teaching experience in Medical Oncology in a recognized medical college as a Senior Resident and this Rule was further amended vide notification dated 01.10.2012, whereunder the three years’ experience can be either during the course of Post Graduation or after obtaining the Post Graduation degree in the said subject. The petitioner’s case is that he possesses the qualification of MD (Medicine) and also has three years’ teaching experience as a Senior Resident in a recognized medical college in the field of Medical Oncology.

3. Learned counsel appearing on behalf of the petitioner further submits that for filling the post of Assistant Professor (Medical Oncology), the Post Graduate degree of MD (Medicine), Radiotherapy, Paediatrics or DM (Medical Oncology) are the qualifications, along with three years’ teaching experience in recognized medical institutions. According to him, he fulfills the said eligibility criteria; however, the respondents are not considering such a qualification as eligible. It is also his case that the Board of Governors of the Medical Council of India, in its letter dated 03.04.2019 (Annexure-7), recommended that the petitioner be considered eligible for the post of Assistant Professor in the Department of Medical Oncology in the Medical Council of India. On the basis of the said recommendation or explanatory letter of the Board of Governors, the petitioner asserts that he meets the criteria to be recruited as an Assistant Professor in Medical Oncology in any medical institution recognized by the Medical C