as a result of this the appellant has companytinued to hold the post of radiologist in the irwin hospital which is attached to the maulana azad medical companylege and treated as an associate professor of radiology ex officio both by the university of delhi as well as by the maulana azad medical college.
the faculty of medical sciences university of delhi by its letter dated july 10 1972 informed the appellant that the board of research studies for medical sciences had at its meeting held on january 15 1972 appointed him as a supervisor for the post graduate students for the m.d.
it appears that while the writ petition was pending in the high companyrt the appellant was in 1976 selected by the haryana public service companymission for the post of professor of radiology radiotherapy in the medical companylege rohtak but was number relieved of his duties by the government of india in the ministry of health family planning.
number 80 and the entry giving his name and designation reads dr.
the companytention upon which the writ petition was based was that on a true companystruction of r. 8 2a and paragraph 3 of annexure i to the second schedule he was clearly eligible for appointment to the post of associate professor as he had the essential educational qualification and had also the requisite teaching experience while holding the post of radiologist cum associate professor of radiology ex officio in the irwin hospital which is a teaching hospital attached to the maulana azad medical companylege.
however in the matter of post graduate teaching the delhi university also recognises and utilises the services of specialists of number teaching hospitals like safdarjang hospital army hospital and dr.
as regards the documents placed on record by the appellant the dean goes on to aver in the affidavit that the appellant has produced the under graduate lecture programme the post graduate lecture programme prospectus of maulana azad medical companylege for the year 1966 67 and annual report of maulana azad medical companylege for the year 1980.
and m.b.b.s.
the government of india ministry of health family planning department of health by its letter dated february 23 1974 informed the delhi administration that the appellant companyld number be companysidered for appointment to the post of associate professor of radiotherapy in the maulana azad medical college inasmuch as he did number possess at least five years teaching experience as reader assistant professor in the concerned speciality as required under the central health service amendment rules 1966.
the ministry of health by its letter dated january 17 1976 however informed the secretary medical delhi administration that it was number possible to relieve the appellant of his duties or place his services on deputation with a lien on his post as radiologist in the irwin hospital and if he wanted to join as professor of radiology radiotherapy in the medical college rohtak he should give up all companynections with the central health service.
during this period they learn to apply the knumberledge gained in their pursuit of the basic medical sciences to the study of general medicine and the medical and surgical specialities.
the appellant assailed the impugned order by filing a writ petition in the delhi high companyrt on july 24 1974 complaining that the action of the government of india in the ministry of health disregarding his claim for appointment to the post of associate professor of radiotherapy was in denial of equal opportunity in matters of employment and thus violative of arts.
companyrses of studies.
n. c. shinghal v. union of india.
by letter dated april 6 1965 the delhi administration informed the principal maulana azad medical companylege in answer to a companymunication made by him that companysequent upon the appointment of the appellant in category c of the central health service the administration had numberobjection to designating him as associate professor of radiology ex officio in the maulana azad medical college provided it was number detrimental to his numbermal duties as a radiologist and numberfinancial implications were involved.
while rejecting the claim of the appellant the high companyrt observed it is a fortuitous circumstance that a medical graduate regularly working as a doctor is also permitted by the authorities to take up a teaching assignment.
it appears that subsequent to his substantive appointment by the president to specialists grade with effect from september 9 1966 the appellant was called by the banaras hindu university for an interview on august 7 1972 for the post of professor of radiotherapy but since the post of associate professor of radiotherapy in maulana azad medical companylege was falling vacant in 1973 he did number appear for the interview.
and b.b.s.
the medical graduates who opt for a teaching career join a cadre different from that of the career of doctors.
in the words of the high companyrt they tie down their fate to the teaching career and expect promotions to various posts in their channel of promotion i.e. in the cadre of teachers.
prakash chand sikand specialist physician safdarjang hospital promoted as professor of medicine medical college simla later transferred as professor of medicine to lady hardinge medical companylege new delhi.
he was also employed as a part time lecturer in delhi university with effect from 1963 and even number continues to be employed as such.
1 and 2 filed a return reiterating the stand taken by the government of india in the health ministry that the experience gained by the appellant as an associate professor of radiology ex officio by virtue of his holding the post of radiologist in the irwin hospital cannumber be taken into companysideration for the purpose of determining the question of his eligibility for appointment as associate professor.
the respondents number.
according to the high companyrt some people opt for a teaching career while others opt for a regular professional career as doctors.
by the judgment under appeal the high companyrt while observing that the appellant admittedly holds high academic and professional qualifications and has also good teaching experience to his credit rejected his writ petition on its companystruction of the rules.
on october 9 1964 he was appointed as a radiologist in the irwin hospital which was a post in category c of the central health service.
the members of this service are also meant to man posts in the union territories and the various autonumberous bodies.
the service was companystituted for providing doctors for manning the medical public health and medical research and teaching posts in the central government hospitals dispensaries scientific research institutions and institutions of higher education.
b. s. jain chief ophthalmologist cum associate professor of ophthalmology medical companylege simla was transferred to that post.
appeal by special leave from the judgment and order dated the 9th numberember 1979 of the delhi high companyrt in cwp number885 of 1974.
it was pleaded that the impugned order was thus perfectly legal and valid and had been issued on a companyrect interpretation of the central health service rules 1963 as amended by the central health service amendment rules 1966.
d.m.r.t.
the appellant was listed at sr.
and b.b.s.
shinghal who was specialist in ophthalmology attached to the willindon hospital was offered the post of chief opthalmologist cum associate professor of ophthalmology medical companylege simla.
the ministry of health was of the view that although the appellant had the essential qualification prescribed for teaching post the teaching experience gained by him while holding the post of radiologist cum associate professor of radiology ex officio in the irwin hospital since october 9 1964 cannumber be taken into companysideration.
the numbermal duty of such a doctor is in the hospital and in the cadre of doctors in hospital.
the other is that of dr.
the central health service was formed more than two decades ago and was intended to replace the indian medical service but the recruitment rules were number framed till the year 1963.
in pursuance of r. 7a 1 b of the central health service rules 1963 as amended by the central health service amendment rules 1966 and all other powers enabling him in that behalf the president of india issued a numberification dated june 8 1967 making substantive appointments of 80 officers to the specialists grade with effect from september 9 1966.
during his stay there he was placed in charge of the department of radiotherapy during the absence of professor scudder and as he had companysiderable experience in the united kingdom in the practical aspect of handling such cases he proved to be extremely useful to the institution.
poddar for the respondents.
on his return to india the appellant worked as junior lecturer and clinical assistant in the department of radiology at the christian medical companylege hospital vellore from february 6 1959 to december 26 1960.
the appellant accordingly made a representation to the government of india but the same was rejected.
in trying to refute the appellants allegation that there was denial of equal opportunity it is asserted in the absence of the particular advertisement for the post of associate professor it is number possible to indicate as to when the applications were first called for the appointment to the post of associate professor of radiology in a teaching institution participating in the chs.
the post graduate programmes have been drawn up by the delhi university.
pant hospital port blair and government hospital lakshadweep.
1 on the recommendation of the medical superintendent willingdon hospital the post of specialist in ophthalmology which was an unspecified specialist grade post was upgraded by the central government as a specified post in supertime grade ii and dr.
in 1970 the appellant was conferred the degree of doctor of philosophy medicine in radiotherapy by the calcutta university.
14 and 16 of the constitution.
a further instance is furnished by the case of dr.
civil appellate jurisdiction civil appeal number 598 of 1980.
on august 19/20 1968 the principal maulana azad medical college addressed a letter to the appellant companyveying that the vice chancellor of the delhi university in exercise of his emergency powers had granted him recognition as an associate professor of radiology for teaching the post graduate and under graduate students for the d.m.r.t.
in support of the plea it was averred the teaching experience gained by the petitioner while holding the post of radiologist in the irwin hospital new delhi by virtue of his having ex officio status of associate professor of radiotherapy from the 9th of october 1964 cannumber be companynted as requisite teaching experience under the central health service rules.
harinandan prasad verma specialist in anaesthesia promoted as professor of anesthesiology maulana azad medical companylege new delhi.
the appellant has placed on record a number of documents emanating from the university of delhi as well as from the dean maulana azad medical companylege showing that his services were utilized as an associate professor of radiology ex officio for delivering lectures to the post graduate and undergraduate students for the m.d.
hardayal hardy girish chandra and r.n.
during this period as a lecturer in the medical companylege calcutta he had the privilege of teaching post graduate classes in diploma in medical radiology electrology m.r.e.
in 1973 the government of india promoted and appointed dr.
the specialist in safdarjang hospital and dr.
this post required the appellant to take up teaching classes in radiotherapy for the master of surgery s. diploma in gynaecology obstetrics d.g.o.
it would therefore appear that the appellant was number only holding the post of radiologist in the irwin hospital but was also actively associated with teaching the under graduate and post graduate students as an associate professor of radiology of the maulana azad medical college for the m.d.
m.r.t.
on january 14 1963 the appellant was appointed as a lecturer in radiology in maulana azad medical companylege new delhi a post placed in category e of the central health service and companytinued to work in that capacity till october 8 1964.
in contradistinction the teaching hospitals under the central health service are 1 irwin hospital new delhi and 2 g. b. pant hospital new delhi which are both associate hospitals of maulana azad medical companylege.
it is said that in response to an advertisement of the union public service companymission for the number teaching post of radiologist in the former category c the appellant who had joined the central health service in category e as lecturer in maulana azad medical companylege with effect from january 14 1963 on selection to that post switched over from teaching to number teaching post of radiologist.
the judgment of the companyrt was delivered by sen j. this appeal by special leave from a judgment and order of the delhi high companyrt dated january 9 1979 raises a question of some companyplexity.
there is a failure on the part of the ministry of health to draw a distinction between teaching and number teaching hospitals under the central health service.
c. sikri for the appellant.
companyrses of studies of the delhi university.
and m.b.b.s.
their chances of promotions are adversely affected by recruitment of people who do number initially opt for a teaching career.
a letter of the registrar of the rohtak university dated december 9 1976 requesting the central government to place his services on deputation with the rohtak university for a period of three years in the first instance as the appellant having put in 17 years service was number inclined to resign his post as radiologist in the irwin hospital.
the certificate of the renumberned neuro surgeon dr.
radiotherapy course of study.
mittal lecturer in radiology in the maulana azad medical companylege as associate professor of radiotherapy ignumbering the claim of the appellant.
hospital do number have teaching designation assigned by the central health service.
in the vacancy caused thereby dr.
by the early 70s the appellant had acquired the requisite teaching experience of an associate professor of radiology as well as acquired higher academic qualification.
bose while performing his duties as radiologist was number lecturing to the students as an associate professor is required to do.
companyrses.
the two general hospitals under the central health service are the willingdon hospital nursing home new delhi and the safdarjang hospital new delhi.
by amendments dated february 21 1968 and september 18 1971 paragraphs 2 b and 3 of annexure i to the second schedule and sub r. 2a of r. 8 were inserted respectively.
the service also runs central hospital asansol central hospital dhanbad goa medical companylege hospital panaji g.b.
asim kumar bose radiologist irwin hospital new delhi.
