FACULTY ASSOCIATION, MAULANA AZAD MEDICAL COLLEGE AND ASSOCIATED HOSPITAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) 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 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 Aug., 2016. The said order reads as under:-

(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 pursuant to the notification. As recorded in our order dated 2th Aug., 2016, counsel for the petitioner has stated and clarified that violation of the proviso to Regulation 11(1)(d) of the Post-Graduate Medical Education Regulations, 2000 (hereinafter referred to as PGME Regulations, 2000) are not the subject matter of the present writ petition.