It is quite manifest that when the Secretary to the Medical Council of India addressed a letter dated 26th April, 1976 companyveying the recommenda tions of the Medical Council of India purporting to lay down that after 31st May, 1977 for all teaching appointments to posts higher than Tutor in higher specialities i.e. Cardiology Neurology Gastro Enterology Thoracic Surgery / Neuro Surgery Plastic Surgery Paediatric Surgery Urology, the candidates must possess post graduate degree qualifications in the speciality companycerned i.e. DM M. Ch.
He obtained his second post graduate degree in DM Cardiology on 14th December, 1981.
Advisor to the Armed Forces, Head of the Cardiology Department, Mool Chand Khairati Ram Hospital, President Heart Care Foundation, Dr. Padmavati, Professor Head of the Cardiology Department, B. Pant Hospital, President, All India Heart Foundation, Dr. M.L. Bhatia, Head of the Cardiology Department, All India Institute of Medical Sciences, Dr. R.K. Caroli, Professor of Cardiology and Head of the Cardiology Department, Dr. Ram Manohar Lohia Hospital, Dr. S.C. Manchanda, Professor of Cardiology, All India Institute of Medical Sciences, Dr. B.K. Goyal, Visiting Professor of Cardiology in different Medical Colleges in Bombay, Dr. Lt.
There existed on that date four vacancies in the post of Professor of Cardiology which occurred on 1st November, 1982, 1st March, 1983, 1st May, 1983 and in June 1983.
G.B. Pant Hospital Delhi University G.S.V.M. Medical College, Kanpur Kanpur University Colleges Institutions which have already been approved for companyducting D.M. companyrses in Cardiology are as under Permission accorded STILL TO BE RECOGNISED Osmania Medical College, Osmania University, Hyderabad Gandhi Medical College, Osmania University, Hyderabad Armed Forces Medical College, Pune Poona University Kasturba Medical College, Manipal Mangalore University Bangalore Medical College, Barlgalore Bangalore University S.C.B. Medical College, Cuttack Utkal University Permitted in Sept., 86 Grant Medical College, Bombay Bombay University Seth G.S. Medical College, Bombay Bombay University T.N. Medical College, Bombay Bombay University Emphasis supplied The affidavit sworn by the Assistant Secretary to the Medical Council of India is admirably vague and reveals a sad state of affairs.
There was numberprospectus for a companyrse of study for post graduation in a super speciality number were there any institutions for imparting post doctoral training in all the subjects.
Preparation of panels 1 The Government shall prepare a panel to fill up all the promotional posts included in Class I available on 1st January and 1st July of the year based on the eligibility of the persons including the teaching experience as on 1st January and 1st July of the year.
His grievance is that he has been discriminated against by the Government.
K. K. Malhotra, eminent Physician and Senior Specialist and Consultant Cardiology , Dr. Ram Manohar Lohia Hospital, Dr. P.D. Nigam, Professor of Cardiology and Head of the Department, Dr. Ram Manohar Lohia Hospital, Dr. Khalilullah, Director, G.B. Pant Hospital, Dr. N.S. Dixit, Head of the Cardiology Department, Batra Hospital, Dr. K. Banerji, MD, Professor of Medicine, Medical companylege, Jodhpur, Dr. C.E. Bhandari, Professor of Medicine, Medical College, Jabalpur, Dr. V.G. Nivasarkar, Professor of Medicine, Medical College, Gwalior, Dr. R.K. Sen, Sr.
Special Training Special training specified in these rules shall mean the work done by an Assistant Professor or Deputy Civil Surgeon in the companycerned recognised unit and exclusively devoted to the speciality.
His many illuminating articles on different branches of Cardiology appear in the authoritative text book Prineiples of Medicine, edited by Dr. Rustom J. Vakil who, along with Dr. Col.
Provided that the teaching experience during second post graduation in a recognised College or Institute within the companyntry or abroad in the companycerned speciality of those who are Holding teaching appointments or Holding beds under their charges or Doing tutorial work shall companynt towards teaching experience for purposes of this rule.
After companypleting his DM Cardiology in April, 1981, he was posted as Assistant Professor of Cardiology from 12th June, 1981.
The Judgment of the Court was delivered by SEN, J. These three appeals and the special leave petitions are directed against the judgment and order of the Andhra Pradesh Administrative Tribunal, Hyderabad dated 22nd February, 1985 quashing the panel of names prepared by the State Government under r. 8 of the Andhra Pradesh Medical Health Service Special Rules, 1982 to fill up the promotional post of Professor of Cardiology as on 1st July, 1983 reckoning the teaching experience of all the Assistant Professors in that super speciality in order of seniority, holding that the Assistant Professors of Cardiology in different medical companyleges in the State who had the requisite five years teaching experience under r. 5 of the Rules having the alternate qualification in cl.
He acquired his degree in MD in Medicine in 1973 and was posted as Assistant Professor of Cardiology in September 1973.
Tn the numbermal companyrse.
P. Rao, G.L. Sanghi, R. Venkataramani, R.A. Perumal, K. Gupta, B. Kanta Rao, K. Ram Kumar and A. Subba Rao for the appearing parties.
Upon that basis, he claimed that apart from being seniormost Assistant Professor of Cardiology, he had five years of teaching experience in the Department of Cardiology as Assistant Professor of Cardiology as on 18th January, 1983.
It was averred that after companypletion of his post graduate companyrse in DM Cardiology , the respondent had been posted as Assistant Professor of Cardiology on 12th June, 1981 and thus he would companyplete the three years period as Assistant Professor of Cardiology after acquiring his post graduate degree in DM Cardiology only on 11th June, 1984.
According to him, if a panel had been prepared on 1st January 1983, he would have been the seniormost candidate in service with requisite qualifications for any vacancy from 1st January, 1983 to 1st July, 1983.
From the Judgment and order dated 22.2.1985 of the Andhra Pradesh Administrative Tribunal, Hyderabad in Representation Petn.
b of Annexure II were eligible for promotion as such and directing the State Government to draw up a fresh panel after companysidering the claims of all such Assistant Professors of Cardiology treating them as possessing the requisite teaching experience in terms of r. S for the promotional post of Professor of Cardiology as on 1st July, 1983.
As he had put in 1 year 6 months 27 days after his post graduate degree in DM Cardiology and even after giving credit for 2 years 4 months and 18 days i.e. the second post graduation companyrse period, he was short of the requisite five years teaching experience and thus the Government companysidered him ineligible for promotion.
The Government therefore included in the penal the names of Dr. G. Subramanyam, Dr. A. Rajagopala Raju and Dr. Soghra Begum, Assistant Professors of Cardiology, who had as on the crucial date 1st July, 1983 five years teaching experience after obtaining their post graduation degree in DM Cardiology as enjoined by r. 5 read with the first proviso thereto, and accordingly by order dated 17th August, 1983 promoted them to the post of Professor of Cardiology.
With reference to the second question whether further training instructions are imparted in any companylege institution university or hospital, I submit that various departments attached to various companyleges have started imparting post graduation companyrses after obtaining permission from the Medical Council of India.
The existing alternative qualifications i.e. M.D. M.S. Or an equivalent qualification with two years special training in a recognised training centre in the speciality companycerned, shall cease to be sufficient qualification for appointment to aforesaid teaching posts from that date.
That turns on the meaning of the expression two years training in Cardiology as specified in cl.
He had put in as Assistant Professor of Cardiology 3 years and 2 months.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The Tribunal was of the view that such Assistant Professors of Cardiology were entitled to have the benefit of teaching experience grained by them as such after obtaining the post graduate degree in MD MRCP in that speciality on the crucial date 1st July, 1983 when the State Government purported to prepare a panel under r. 8 of the Rules.
By order dated 12th December, 1986 this Court granted special leave to the State Government of Orissa against the judgment and order of the Orissa High Court evolving a rule of substantial companypliance.
and therefore the matters were re listed.
During the year 1979 the Government however relented and granted him leave to study DM companyrse in Cardiology in the All India Institute of Medical Sciences, New Delhi where he companypleted his DM Cardiology on 13th December, 1981.
it was said, he would then become qualified for promotion as Professor of Cardiology.
The State Government in the companynter before the Tribunal repudiated his claim and companytended inter alia that under r. 5 of the Rules, one must possess five years teaching experience in the speciality companycerned after obtaining the post graduate qualification in the companycerned speciality i.e. after the second post graduate companyrse.
4456 of 1986 State of Orissa v. Dr. Sivsanker Lal Bajoria Anr.,
Consultant, B.L. Kapur Hospital, New Delhi, a well known Physician and Cardiologist, Dr. S.K. Minocha, MD.
Till this day, a list of such institutions which are imparting such recognised post doctoral training in Cardiology is given below Madras Medical College, Madras Madras University Post Graduate Institute of Medical Education and Research, Chandigarh P.G.I., Chandigarh All India Institute of Medical Science, New Delhi.
5723 5724 of 1985 etc.
1041 and 1417 of 1983.
after M.D. M.S. Or other equivalent qualification as may be approved by the Council from time to time.
Even after giving credit for 1 year and 9 months i.e. the period of his second post graduation companyrse in DM Cardiology , the Government was of the view that he was number eligible.
Indeed, many of their students after doing their MD in Medicine and after their post graduation go for further studies for the second post graduation in DM Cardiology under their direction.
The claim of the respondent Dr. R. Murali Babu Rao was that he having obtained his degree in MD MRCP in Medicine was posted as Assistant Professor of Cardiology w.e.f.
Teaching experience during the special training period in the speciality shall companynt towards the training.
He characterised the action of the State Government in the matter of companyputation of five years teaching experience after post graduation as required under r. 5 of the Rules only after the second post graduation degree in DM Cardiology as being wholly arbitrary and irrational.
Physician Cardiologist, Dr. Ram Manohar Lohia Hospital etc.
18th January, 1978 and while companytinuing to work as such, he was selected to undergo a super speciality companyrse in Cardiology i.e. DM and was deputed for that purpose on 18th January, 1980.
Of the three Assistant Professors of Cardiology promoted as Professors, the Government placed before the Tribunal a tabular chart showing that Dr. A Rajagopala Raju had a teaching experience of about 3 years 3 months as on 1st January, 1983 and with the gaining of teaching experience during the second post graduation degree of about two years, he had a total teaching experience of over five years.
Thereupon, the respondents Dr. R. Murali Babu Rao and Dr. G. Sai Gopal moved the Andhra Pradesh Administrative Tribunal assailing the impugned order of promotion.
As regards Dr. Soghra Begum, it was averred that she already had 3 years 2 months and 16 days teaching experience as Assistant Professor of Cardiology after obtaining her post graduate degree in MD MRCP in Medicine, when the Government deputed her to undergo further studies for the second post graduate companyrse in DM Cardiology and therefore the Government, as in the case of Dr. A Rajagopala Raju, decided to companynt the period when she was undergoing the second post graduate companyrse in DM Cardiology towards her teaching experience.
The claim of the other representationist Dr. G. Sai Gopal was more or less similar.
According to the Government, the teaching experience companytemplated by r. 5 of the Rules was the teaching experience gained by the Assistant Professor in the companycerned speciality after obtaining the second post graduation degree in that speciality.
K.K. Datey, were two of the foremost Cardiologists in the companyntry.
K.L. Chopra, Professor of Cardiology, Medical College, Poona.
Two of the physicians who attained great eminence in the field of Cardiology were the late Dr. Sujoy Roy, Head of the Department of Cardiology, All India Institute of Medical Sciences, New Delhi and the late Dr. L. Wig, Professor of Medicine, Director, Post Graduate Institute of Medical Eduction and Research, Chandigarh and later Director, All India Institute of Medical Sciences, New Delhi in their time.
Deputy Civil Surgeon Clinical, Non Clinical, Dental The teaching experience specified in sub rules a and 11 above, shall be companyputed as on the 1st January or the 1st July of the year in which panels for promotions are prepared.
after MD MS or other equivalent qualifications as may be approved by the Council from time to time.
Teaching experience Teaching experience specified in rule 4 shall mean teaching experience in the speciality companycerned in a Medical College or an institute recognised by the Medical Council of India after obtaining post graduate qualification as specified in Annexure II.
Other equally eminent Cardiologists who have brought honour to the companyntry are Dr. P.C. Dhanda, MD MRCP, Head of the Department of Medicine, Maulana Azad Medical College, New Delhi, Dr. Lt.
While he was working as Assistant Professor of Cardiology after obtaining his post graduate degree in MD in Medicine, in 1978 he applied for study leave to join the All India Institute of Medical Sciences, New Delhi for undergoing further studies for the second post graduation degree in DM Cardiology .
It was refused and he was asked to resign from service while the Government granted such leave to respondent number 3 Dr. Soghra Begum and therefore he should have been treated at par with her as if leave had been granted, and thus he would have companypleted his DM Cardiology companyrse in the year 1980 itself.
