GANGA PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, while working as an Assistant Professor, was promoted as an Associate Professor in Neurosurgery, by proceedings dated 17/9/1993. In the meanwhile, Dr Basant Kumar Singh, Respondent 7, had already filed a writ petition claiming the right for promotion as an Associate Professor, Neurosurgery. During its pendency, the promotion of the appellant came to be made. Therefore, the writ petition was amended questioning the promotion of the appellant. The High court in the impugned order dated 12/1/1994 in CWJC No. 2832 of 1993 allowed the writ petition, set aside the promotion of the appellant and directed the respondent to consider the matter afresh in the light of the judgment of this court in Arun Kumar Agrawal (Dr) v. State of Bihar. Thus this appeal by special leave.

(3.) The controversy lies in a short compass. Admittedly, the appellant is not possessed of the qualification prescribed for super-speciality, namely, M. Ch. Admittedly, both the appellant and Respondent 7 had the qualification as M. S. General Surgery. In addition, 7th respondent had the qualification of M. Ch. in the speciality concerned, namely, Neurosurgery, acquired in 1989. The question, therefore, is whether the direction issued by the High court to consider the case in the light of the abovesaid judgment, is correct in law. The Medical council of India has framed the regulations under Section 33 (j) the Indian Medical council Act, 1956. Clause (a) is for the Professor/associate Professor which reads as under: