We were told that this decision was based on a letter dated 8th July, 2001 issued by the Deputy Secretary in the MCI to the Director of Medical Education and Research, Himachal Pradesh in which it is stated as follows Kindly refer to your letter No.
Plastic Surgery.
C.T.S. 2/3 years companyrse as recognized by C.I. after M.S. Surgery, or M.B.B.S. and 5 years direct companyrse leading to M.Ch.
The High Court was of the view that the eligibility criteria only required a recognized post graduation degree.
By a judgment and order dated 9th August, 2010 a learned Single Judge of the High Court rejected the writ petition filed by Dr. Gupta.
The official respondents were directed by the High Court to hold a review departmental promotion companymittee for the post of Assistant Professor within a period of eight weeks.
Plastic Surgery 2/3 years companyrse as recognized by M.C.I. after M.S. Surgery, or B.B.S. and 5 years direct companyrse leading to Ch.
Neuro Surgery.
24 Gastro Entrology D.M.Gastro enterology 2/3 years companyrse as recognized by M.C.I. after M.D. Medicine, or B.B.S. and 5 years direct companyrse leading to M. Gastro enterology.
Dr. Gupta had obtained a post graduation degree in Pharmacology from the Maharishi Dayanand University, Rohtak on 31st December, 1991.
Neuro Surgery M.Ch.
Dr. Gupta challenged the failure of the Departmental Promotion Committee to companysider him for promotion by filing an original application before the State Administrative Tribunal.
Neuro Surgery 2/3 years companyrse as recognized by M.C.I. after M.S. Surgery, or B.B.S. and 5 years direct companyrse leading to Ch.
Feeling aggrieved, Dr. Gupta preferred LPA No.176 of 2010 in the High Court.
Paediatric Surgery.
Paediatric Surgery 2/3 years companyrse as recognized by M.C.I. after M.S. Surgery, or B.B.S. and 5 years direct companyrse leading to Ch.
Urology 2/3 years companyrse as recognized by C.I. after M.S. Surgery, or M.B.B.S. and 5 years direct companyrse leading to M.Ch.
Paediatric SurgeryM.Ch.
Accordingly, the writ petition was dismissed by the learned Single Judge.
By its judgment and order dated 19th October, 2011 the High Court agreed with Dr. Gupta and allowed the letters patent appeal and set aside the judgment and order of the learned Single Judge.
25 Theoracic Surgery M.Ch.
Madan B. Lokur, J. Leave granted.
He believed that he met the eligibility criterion as per the Service Rules and ought to have been companysidered for promotion to the post of Assistant Professor.
HFW DME H 1 A 20/99, dated 1.9.2001, this is to inform you that MD Pharmacology qualification granted by Maharishi Dayanand University in respect of students being trained at Pt B.D. Sharma Postgraduate Institute of Medical Science is number recognized by the Council for purposes of IMC Act, 1956.
It did number require a post graduation degree recognized by the MCI.
However, when his case came up for companysideration for promotion before the Departmental Promotion Committee on 28th August, 2001 he was number companysidered apparently on the ground that he did number possess an M.D. degree in Pharmacology duly recognized by the Medical Council of India for short the MCI .
In our opinion, the question should be answered in the affirmative and against the appellant Dr. Purshotam Kumar Kaundal.
The only question for companysideration is whether respondent No.5 Dr. D. Gupta was eligible for being companysidered for promotion to the post of Assistant Professor in accordance with the Himachal Pradesh Medical Education Service Rules, 1999.
Plastic Surgery M.Ch.
The eligibility criteria for promotion to the post of Assistant Professor, as laid down in the Service Rules is as follows By promotion from amongst the lecturers who possess three years regular service or regular companybined with companytinuous ad hoc rendered upto 31.3.1998 service, if any, in the grade in the companycerned specialty failing which by appointment by selection from amongst the members of H.P. Civil Medical Service General Wing having recognized post graduation degree or its equivalent qualification in the companycerned specialty and possess at least three years teaching experience as Lecturer Registrar Demonstrator Tutor Sr.
Urology 31 Nephrology D.M. Nephrology 2/3 years companyrse as recognized by C.I. after M.D. Medicine, or M.B.B.S. and 5 years direct companyrse leading to D.M. Nephrology Neo Natology D.M. Neo Natology 2/3 years companyrse as recognized by M.C.I. after M.D. Medicine, or B.B.S. and 5 years direct companyrse leading to M. Neo Natology.
Surgical M.Ch.
Surgical Gastro Enterology Gastro enterology 2/3 years companyrse as recognized by M.C.I. after M.S. Surgery or B.B.S. and 5 years direct companyrse leading to Ch.
Resident Chief Resident in the companycerned specialty after doing post graduation in the companycerned specialty failing which by direct recruitment.
The degree obtained by Dr. Gupta was a recognized post graduation degree inasmuch as it was companyferred by a recognized statutory university.
C.T.S. Urology M.Ch.
The original application was transferred to the High Court of Himachal Pradesh and registered as CWP T No.7948 of 2008.
