VINOD GUPTA Vs. STATE

JUDGEMENT

(1.) THE dispute pertains to the appointment to the post of Medical Superintendent in Govt. Medical College Hospital Jammu. The appointment to the post is governed by J&K Medical Education (Gazetted) Service Recruitment Rules 1979, (hereinafter referred to as Rules of 1979). The sources of appointment into the service prescribed by Rule 5 are two (A) by direct recruitment and (B) by promotion by selection in the manner indicated against each post in schedule III. Rule 7 deals with eligibility which reads as under: -

(2.) THE posts of Medical Superintendents and Dy.Medical Superintendents are in the administrative wing. In terms of schedule III item (1) the method of recruitment for the post of Medical Superintendent is by promotion from class II i.e. from the post of Dy.Medical Superintendent. In terms of schedule II item 29 eligibility qualification prescribed for the post of Medical Superintendent of a teaching hospital is that (i) same as given for item No. 1 against S.No. 26(should be 27) and (ii) post -graduate qualification in Surgery/Gynecology or Medicine and other clinical subjects/Hospital Administration with at least 5 years experience as Dy.Medical Superintendent. In S.No. 27 following qualification is prescribed: Possession of recognized medical qualification included in the First or Second Schedule (other than Licentiate qualifications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in part II of the Third schedule should fulfill the conditions stipulated in sub -section 3 of section 13 of the Indian Medical Council Act 1956.Therefore the post of Medical Superintendent under the scheme of 1979 Rules can be filled up by promotion from Dy.Medical Superintendents who possess the requisite qualifications and has five years experience as a Dy.Medical Superintendent.

(3.) FOR the post of Dy. Medical Supintendent in terms of item B -29 II Schedule the qualification is the same, which is prescribed for the post of Medical Superintendent, however experience required is three years working experience of running a hospital after post -graduation and in terms of schedule III method of recruitment prescribed for the post of Dy. Medical Superintendent is from either of the two sources (A) by direct recruitment or (B) by deputation from CMO cadre of J&K Medical Gazetted service. Thus the post of Dy. Medical Superintendent can be filled either by direct recruitment from open market or by deputation from the cadre of CMOs.