CHANDRAMOHAN K Vs. REGIONAL CANCER CENTRE

JUDGEMENT

(1.) The petitioner claims to be officiating as an Additional Professor since 1.7.2011 in the services of the 1st respondent Regional Cancer Centre ('RCC' for short) .

(2.) The core of the controversy in this case is as to whether Ext.P1 notification issued by the RCC for selection of candidates to the post of Professor (Surgical Oncology) answers the qualifications prescribed by the 3rd respondent Medical Council of India ('MCI' for short) in their applicable Regulations. A resolution of this issue would automatically obtain answers to every other controversy and allegation in this case.

(3.) On one hand the petitioner alleges that he alone is qualified to be selected as a Professor in Surgical Oncology and his assertion is that the others do not possess the qualifications prescribed by the MCI Regulations. His accusation in this writ petition is that even though the others, who are now working as Additional Professors in the RCC, are not qualified to be promoted to the post of Professor (Surgical Oncology) an attempt has been made by the RCC to accommodate them in such post by diluting the qualifications and prescribing thus in Ext.P1 notification. In effect, the contention of the petitioner is that the qualifications shown in Ext.P1 are not the ones that are accepted by the MCI and therefore, that any selection based on such qualifications will be objected to by the MCI, leading to a situation where even the recognition of the RCC would be at peril in future. The petitioner has thus prayed that Ext.P1 be quashed, to the extent to which it is contrary to the prescriptions of qualifications in the MCI Regulations, a copy of which has been placed on record as Ext.R3(b) along with the counter affidavit filed by the MCI.