ASHWANI KUMAR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner who is serving as Assistant Professor, Government Medical College and Hospital, Amritsar has filed the instant writ petition questioning the action of the respondent-authorities in having rejected his candidature for the post of Associate Professor on the ground that he does not possess the prescribed requisite experience on the post of Assistant Professor.

(2.) Brief facts that would require notice are that the Director, Research and Medical Education Punjab issued public notice at Annexure P-14 (undated) inviting applications for the posts of Professor, Associate Professor, Assistant Professor and Lecturers in the various departments in the State Medical Colleges at Amritsar and Patiala. The last date for submission of application forms along with the supporting documents was stipulated as 08.08.2013. The petitioner submitted his application for the solitary post of Associate Professor advertised in the specialty of Pediatrics (pay scale 37,400-67,000+8900 grade pay). The eligibility conditions as regards educational qualifications and teaching experience required for the post of Associate Professor was laid down in the advertisement/public notice itself and was in the following terms: "(2) Associate Professor Sr. No. 1,2,4,10 to 17 M.D., M.S., Ph.D., F.R.C.S., M.R.C.P. In the specialty concerned. Sr. No.3,5,6,7,8 and 9 D.M./M.Ch. In the specialty concerned. Teaching experience required Sr. No. 1 to 17 Should have teaching experience for a minimum period of three years in the specialty concerned as Assistant Professor after post graduation in Medical College (i.e. total 6 years teaching experience)."

(3.) In the instant case, there would be no dispute as regards the qualifications concerned as the petitioner possesses the same. However, in the stipulation of teaching experience for the post of Associate Professor, it was categorically laid down that a candidate should have teaching experience for a minimum period of three years under the specialty concerned as Assistant Professor after post graduation in medical college. In the light of Annexure P-17 placed on record, the candidature of the petitioner for the post of Associate Professor (Pediatrics) has been rejected on the ground that his experience on the post of Assistant Professor is less than three years i.e. 2 years, 4 months and 8 days as Assistant Professor.