SURUCHI ADITYA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) The petitioner has approached this court challenging the conditions of eligibility laid down in the advertisement issued for selection to the post of Associate Professor/Reader in the Department of Pharmacology. Learned counsel for the petitioner submitted that the petitioner having completed her MBBS course from the University of Jammu on 25.5.2000 and MD from Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, M.D. University Rohtak in the year 2004, joined Government Medical College and Hospital, Sector 32, Chandigarh as Demonstrator on 6.9.2004 and continued to work there till she was appointed as Lecturer in the Department of Pharmacology in Dr. Harvansh Singh Judge Institute of Dental Sciences (for short, 'the Institute') on 1.5.2007 and is working there as such. The grievance of the petitioner is that in March, 2012, one post of Associate Professor/Reader in the Department of Pharmacology was advertised, in which along with educational qualifications, five years teaching experience in the subject in recognised Medical and Dental College as Assistant Professor/Lecturer was required. The desirable qualification was minimum of four research publications indexed in index Medicus/National journals.

(2.) The submission is that the regulations framed by Medical Council of India (for short, 'MCI') providing minimum qualifications for different posts in Medical College are applicable in Dental Colleges as well. The regulations are known as The Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (for short, 'the 1998 Regulations). The qualifications prescribed for the post of Reader/Associate Professor in addition to Masters degree in the subject was five years teaching experience as Assistant Professor/Lecturer in Pharmacology in a recognised Medical College and the desirable qualification was minimum of four research publications indexed in index Medicus/National Journals. The qualification was amended vide notification dated 24.7.2009 vide which teaching experience as Assistant Professor was reduced from five years to four years, whereas minimum two research publications in Indexed/National journals were also required. The provisions were further amended vide notification dated 15.12.2009 by adding a proviso in the aforesaid provision giving opportunity to the institutes for a period of four years w.e.f. 24.7.2009 for making appointments in terms of the qualifications as were existing in the regulations prior to the amendment w.e.f. 24.7.2009.

(3.) It was further contended that the University had adopted the qualifications as prescribed by MCI, which means as amended upto date. The amended qualifications provided teaching experience for four years. The proviso, which enabled an institution to make recruitments for a period of four years w.e.f. 24.7.2009 in terms of the un-amended qualifications, had to be specifically adopted by taking a conscious decision by recording the reasons, but in the present case, though the qualifications as amended by MCI were adopted, but still when the advertisement was issued for selection to the post of Associate Professor/Reader, un-amended qualifications were prescribed, which is contrary to the rules.