GOVERNMENT OF ANDHRA PRADESH DR C H UMESH CHANDRA DR A RAJAGOPALA RAJU Vs. R TVIURALT BABU RAO:STATE OF ANDHRA PRADESH:GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE three appeals and the special leave petitions are directed against the judgment and order of the Andhra Pradesh Administrative Tribunal, Hyderabad dated 22/02/1985 quashing the panel of names prepared by the State Government under R. 8 of the Andhra Pradesh Medical and Health Service Special Rules, 1982 to fill up the promotional post of Professor of Cardiology as on 1/07/1983 reckoning the teaching experience of all the Assistant Professors in that super speciality in order of seniority, holding that the Assistant Professors of Cardiology in different medical colleges in the State who had the requisite five years' teaching experience under R. 5 of the Rules having the alternate* qualification in cl. (b) of Annexure II were eligible for promotion as such and directing the State Government to draw up a fresh panel after considering the claims of all such Assistant Professors of Cardiology treating them as possessing the requisite teaching experience in terms of R. 5 for the promotional post of Professor of Cardiology as on 1/07/1983. That turns on the meaning of the expression 'two years training in Cardiololgy' as specified in cl. (b) of column 5 at serial No. 17 of Annexure II to the Rules prescribing the qualifications for the post of Professor of Cardiology. The Tribunal was of the view that such Assistant Professors of Cardiology were entitled to have the benefit of teaching experience gained by them as such after obtaining the post-graduate degree in MD/MRCP in that speciality on the crucial date 1/07/1983 when the State Government purported to prepare a panel under R. 8 of the Rules. The issue involved is of far-reaching importance to the entire medical profession as similar problem is faced by the State Government in promoting Readers/Associate Professors in a speciality to the post of Professor in that speciality in the medical colleges.

(2.) THE affidavit sworn by the Assistant Secretary to the Medical Council of India is admirably vague and reveals a sad state of affairs. It is quite manifest that when the Secretary to the Medical Council of India addressed a letter dated 26/04/1976 conveying the recommendations of the Medical Council of India purporting to lay down that after 31/05/1977 for all teaching appointments to posts higher than Tutor in higher specialities i.e. Cardiology/Neurology/ Gastro-Enterology /Thoracic Surgery/Neuro-Surgery/ Plastic Surgery/ Paedlatric Surgery/ Urology, the candidates must possess postgraduate degree qualifications in the speciality concerned i.e. DM/M. Ch. after MD/MS or other equivalent qualifications as may be approved by the Council from time to time. THEre was no prospectus for a course of study for post-graduation in a super speciality nor were there any institutions for imparting post-doctoral training in all the subjects. THEre was also a Note added that the already existing qualifications with 'two years special training' in a recognized training centre in the speciality concerned shall cease to be sufficient qualification for appointment to the aforesaid teaching posts from that date. For the sake of completeness, we think it necessary to set out the aforesaid letter of the Secretary, which runs as follows :

(3.) THE claim of the other representationist Dr. G. Sai Gopal was more or less similar. He acquired his degree in MD in Medicine in 1973 and was posted as Assistant Professor of Cardiology in Sept. 1973. He obtained his second post-graduate degree in DM (Cardiology) on 14th Dec. 1981. His grievance is that he has been discriminated against by the Government. While he was working as Assistant Professor of Cardiology after obtaining his post-graduate degree in MD in Medicine. in 1978 he applied for study leave to join the All India Institute of Medical Sciences, New Delhi for undergoing further studies for the second post-graduation degree in DM (Cardiology). It was refused and he was asked to resign from service while the Government granted such leave to respondent No. 3 Dr. Soghra Begum and therefore he should have been treated at par with her as if leave had been granted, and thus he would have completed his DM (Cardiology) course in the year 1980 itself. During the year 1979 the Government however relented and granted him leave to study DM course in Cardiology in the All India Institute of Medical Sciences, New Delhi where he completed his DM (Cardiology) on 13th Dec. 1981. As he had put in 1 year 6 months 27 days after his post-graduate degree in DM (Cardiology) and even after giving credit for 2 years 4 months and 18 days i.e. the second post-graduation course period, he was short of the requisite five years teaching experience and thus the Government considered him ineligible for promotion.