H C MEHTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, challenge is to advertisement dated 28.1.1994 (Annexure P-3) whereby the post of Professor in Bio-chemistry has been advertised and restricted to only those who possess medical qualification, and orders Annexures P-14 and P-15 whereby decision has been taken to appoint the seniormost teacher having medical qualification as Head of Department of Bio-chemistry and consequent thereupon respondent No. 3 has been so appointed.

(2.) Petitioners are presently Associate Professors in the Department of Bio- chemistry at Medical College-cum-Hospital, Rohtak. Initially, petitioners 1, 2 and 4 joined as Demonstrators but later on in the year 1976 they were appointed as lecturers. Petitioner No. 3 joined as lecturer in the year 1976. It is the case of the petitioners that as per seniority-list as it stood on 1.1.1985, there was one permanent post of Professor in the Department of Bio- chemistry which was then occupied by Dr. A.S. Saini and petitioners then were working as Readers. Respondent No. 3, namely, Dr. G.P. Singh is junior to them and is at serial No. 5 of the joint seniority list. Petitioners are non-medical teachers possessing Ph.D. degree in the speciality of Bio- chemistry in the faculty of Medicine. The grievance made in the petition is that as Dr. A.S. Saini was due to retire on 31.3.1994, an advertisement dated 28.1.1994 was published in the daily Tribune inviting applications for the post of Professor in various faculties. It also included one post of Professor in Bio-chemistry but the applications have been restricted to those having medical qualification meaning thereby that the petitioners who are non-medical teachers have been excluded. Petitioners are also aggrieved of letter dated 16.12.1994, Annexure P-14, whereby petitioner No. 1 has been informed that doctors/teachers who have non-medical qualification, cannot become candidates for the post as advertised i.e. Professor of Bio-chemistry and Head of Department. Challenge to these orders is on the ground that appointment of respondent No. 3 as Head of Department amounts to change of service conditions of the petitioners.

(3.) Two sets of written statements have been filed, one by respondents 1 and 2 and the other by respondent No. 3. It is not denied that petitioners are senior to respondent No. 3. However, case of the respondents is that the Medical Council of India in its letter dated 17.1.1994 has issued instructions to the effect that the Head of Department must possess basic university medical degree qualification i.e. M.B.B.S. and in view of these instructions, non-medical candidates cannot be appointed as Head of Department. It is in view of these instructions that Dr. G.P. Singh has been appointed as Head of Department. It has further been averred that there is only one post of Professor in Bio-chemistry and as such, Professor is also the Head of Department. Since according to the instructions of Medical Council of India the Head of Department must possess recognised basic university medical degree qualification or its equivalent, the post of Professor in Bio-chemistry has, thus, been advertised with only medical qualification.