UNION OF INDIA Vs. S B KOHLI

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Delhi allowing the writ petition filed by the 1st Respondent questioning the appointment of the 2nd respondent to the post of Professor of Orthopaedic Surgery in the Maulana Azad Medical College and reverting her as Associate Professor.

(2.) The question that arises for decision in this case is whether the post-graduate qualification which is undoubtedly required in the case of a direct recruitment to the post in question is also a necessary qualification for appointment by promotion to that post and what is the meaning of the phrase 'a post-graduate degree in the concerned speciality'. The first respondent possesses the following qualifications:She is M.B.B.S. of the Bombay University, F.R.C.S. of the Edinburgh University, M.Ch. (Orth) of the Liverpool University and also of F.R.C.S. (Eng.). The second respondent holds an M.B.B.S. degree and in addition the qualification of F.R.C.S. of the Edinburgh University. Consequent on the selection made by the Departmental Promotion Committee, the second respondent was appointed to the post in question, as already mentioned, and as a consequence the first respondent was reverted as Associate Professor.

(3.) The case raises the question of interpretation of the Central Health Service Rules, 1963, as amended in the years 1966 and 1968. These rules are made under article 309 of the Constitution. In the earlier stages the categories into which the various posts in the Central Health Service were divided, were fairly simple. In 1966 pursuant to regulations framed by the Indian Medical Council the Government amended the rules creating the category of 'Specialists'. In 1968 further amendments were made in items 2 and 3 of Annexure I to the Second Schedule requiring "a post-graduate degree in the concerned speciality mentioned in Part A of Annexure II or equivalent" for the post of a Professor, Reader or Lecturer. The promotion in question having been made thereafter, the rules as amended in 1966 and 1968 will govern the qualifications necessary for this post.