HIGH COURT OF DELHI
FACULTY ASSOCIATION, MAULANA AZAD MEDICAL COLLEGE AND ASSOCIATED HOSPITAL – Appellant
Versus
UNION OF INDIA & OTHERS – Respondent
WP(C)-7049_2005
W.P. (C) No. 7049/2005 Page 1 of 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+
WRIT PETITION (CIVIL) No. 7049/2005
Reserved on: 2nd August, 2016
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Date of Decision
: 9thNovember, 2016
FACULTY ASSOCIATION, MAULANA AZAD MEDICAL
COLLEGE AND ASSOCIATED HOSPITAL
....Petitioner
Through Ms. Shobhana Takiar, Mr. Rahul Sharma, Ms.
Palak Singh, Mr. Varun K. Chopra and Mr. Chinmay
Bhatt, Advocates.
Versus
UNION OF INDIA & OTHERS
..…Respondents
Through Mr. B.S. Shukla, Advocate for R-1-UOI.
Mr. Mukul Talwar, Sr. Advocate with Ms. Amita
Sahni, Advocate for GGSIP University.
Mr. T. Singhdev and Mr. Biakthansangi and Mr. Tarun
Verma, Advocates for R-3-MCI.
Mr. Anurag Mathur, Advocate for University of Delhi.
Mrs. Jyoti Singh, Sr. Advocate with Mr. Padma Kumar,
Advocate for respondents 6 to 10.
CORAM:
HON’BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA
SANJIV KHANNA, J.
The petitioner-Faculty Association of Maulana Azad Medical
College and associated hospitals namely, Lok Nayak Jai Prakash Narayan
Hospital, G.B. Pant Hospital, Guru Nanak Eye Centre, Sushruta Trauma
Centre, Chacha Nehru Bal Chikitsalaya, Dental College and Hospital and
College of Nursing, impugn the notification dated 15th March, 2005, as
being arbitrary, illegal and beyond the scope of powers and jurisdiction of
2016:DHC:7410-DB
W.P. (C) No. 7049/2005 Page 2 of 36
the Medical Council of India (MCI, for short), respondent No.3 herein.
The petitioners also pray that Guru Gobind Singh Indraprastha University,
respondent No. 5 herein, should be restrained from equating non-teaching
specialists and consultants at the Safdarjung Hospital and Ram Manohar
Lohia Hospital with Professors and Associate Professors as they do not
possess the requisite and mandated qualifications prescribed by the
Recruitment Rules for the said posts. A consequential prayer is made for
setting aside the orders dated 2nd May, 2005 and 31st May, 2005 and
directions are sought that the number of teaching posts in the post-graduate
institutions should be increased as per norms to meet the required number.
2. The judgment in the present case was reserved vide order dated 2nd
August, 2016. The said order reads as under:-
“Learned counsel for the petitioner has made a statement
in writing, on instructions received from the petitioner. The
statement reads as under:
“Petitioners will be satisfied if this Hon‟ble court
examines and pronounces it‟s verdict on:-
1. Repugnancy of the impugned notification vis-a-vis proviso
to Article 309 of the Constitution of India and Minimum
Qualifications for Teachers Regulations, 1998.
2. Interpretation and the conceptual working of the impugned
notification dated 15.03.2005.
3. Validity of all the subsequent office orders issued pursuant
to the impugned notification dated 15.03.2005.”
Learned counsel for the petitioner also clarifies that the
proviso to Regulation 11(1) (d) and its violation is not the
subject matter of the present writ petition. The said statement is
also taken on record.
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W.P. (C) No. 7049/2005 Page 3 of 36
Arguments heard.
Judgment reserved.”
3. The issue before us pertains to the notification dated 15th March,
2005 and whether the same is repugnant and contrary to law on account of
violation of the Minimum Qualification of Teachers Regulations, 1998 (
MQT 1998 Regulations, for short). The second issue, which arises for
consideration, again relates to the interpretation of the notification dated
15th March, 2005 and the validity of the subsequent orders issued pursu