ASHA SREEDHAR Vs. SHAHINAMOLE S.

JUDGEMENT

(1.) As these O.P.(KAT)'s arise from the common order dtd. 30/3/2017 in O.A.No.2396 of 2016 before the Kerala Administrative Tribunal, they are taken up together for consideration and disposed by this common judgment. The Facts in Brief: The applicant before the Tribunal Dr. Shahinamole S. was an Associate Professor in the Department of Prasuti Tantra and Striroga in the Government Ayurveda College, Kannur. She approached the Tribunal aggrieved by the decision of the Departmental Promotion Committee [DPC] that convened to consider the candidates for promotion to the post of Professor to a vacancy that arose with effect from 26/9/2014. The DPC had decided to consider the candidature of the applicant along with Dr. S. Padmaja Devi and Dr. Asha Sreedhar, who, according to the applicant, were not qualified in terms of the Special Rules in force for promotion to the post of Professor in the Department of Prasuti Tantra and Striroga. The Special Rules in force as on the date of arising of the vacancy was the one notified in the Kerala Gazette on 4/8/2007 [Annexure A1]. As per the said Rules, the post of Professor [Prasuti Tantra and Striroga] was to be filled by promotion from among Reader (Associate Professor) [Prasuti Tantra and Striroga] and, in the absence of qualified persons for promotion, by direct recruitment. Promotion to the category of Professor is based on cadre seniority in the concerned Department and the candidate is to be chosen from a select list. The qualifications prescribed for promotion to the post of Professor under the Special Rules read as follows: <FRM>JUDGEMENT_156_LAWS(KER)12_2022_1.html</FRM>

(2.) The career paths of Dr. Shahinamole S., Dr. Asha Sreedhar and Dr. S. Padmaja Devi in the Department of Prasuti Tantra and Striroga can be tabulated as follows: <FRM>JUDGEMENT_156_LAWS(KER)12_2022_2.html</FRM> Dr. Shahinamole had obtained her PG qualification even at the time of joining the service as a Tutor, in which post, as per the Special Rules then in force [Annexure A2; notified with effect from 31/1/1998], the basic qualification required for direct recruitment was only a first or second class Degree in Ayurveda from any of the Universities in Kerala or any other Universities recognised by the Universities in Kerala. A Post Graduate Degree in the concerned subject from any of the Universities in Kerala or any other University recognised by the Universities in Kerala was a desirable qualification. Notes 1 and 3 below Rule 5 of Annexure A2 that deals with qualifications read as follows: Note:- 1. In accordance with these Special Rules, Post Graduate Degree in the concerned subject has been made compulsory qualification for appointment by promotion and by direct recruitment to the posts of and above the category of Lecturer.

(3.) A reading of the Notes below Rule 5 in the erstwhile Special Rules and the extant one clearly reveals that while a PG Degree in the concerned subject was made a compulsory qualification for appointment by promotion and by direct recruitment to the posts of and above the category of Lecturer, the teachers in service who did not possess the PG Degree qualification were given five years time to acquire the prescribed qualification with the rider that those who got promoted during the said period and did not acquire the prescribed qualification within the period would be reverted. The extended period for acquiring the PG qualification was five years under the erstwhile Rules [till 30/1/2003] and the period was extended further under the extant Rules for five years from 31/1/2003. The reference in Note 7 below Rule 5 of Annexure A1 extant Rules is significant for it mentions the case of teachers recruited after 1/7/1989, which is the date on which the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 that were framed under the Indian Medicine Central Council Act, 1970 came into force and effect. As per the said Regulations, the essential qualifications for teaching staff recruited after 1/7/1989 included a Post-graduate qualification in the subject/speciality concerned included in the Schedule to the Indian Medicine Central Council Act, 1970.