Appeals by Special Leave from the Judgment and Order dated 28 8 75 and 17 9 75 of the Allahabad High Court in Special Appeal Nos.
of Medicine experience.
the subject.
1, 2 and 3 in Civil Appeal No.
of Medical in GVSM Medical College, Kanpur.
Three appeals are before us.
The State Government accepted the recommendations of the Commission and appointed Dr. M. C. Gupta and Dr. R. N. Tandon as Professors of Medicine on 30th October 1974.
The teaching research experience claimed by each of the appellants may be set out and then the companyments of each side in respect of each item may be examined Experience of Dr. M. C. Gupta.
Professor Professor Speciality in Medicine for Board of 5 years in a Internal Medicine Medical College USA or an after requisite equivalent post graduate qualification in qualification.
Special Appeal No.
Civil Appeal No.
Medicine College, Agra.
Four appeals came to be preferred against the judgment quashing selections.
1142 1143 of 1978 are preferred by the State of U.P. To focus the attention on the companytention raised at the hearing of these appeals, a brief resume of facts would be advantageous.
The Commission invited applications for two posts of Professor of Medicine in the State Medical Colleges as per its advertisement dated 8th September 1973, subsequently extending the last date for receipt of applications to 30th March 1974, Dr. M. C. Gupta and Dr. R. Tandon referred to as the appellants along with Dr. K. Gupta, Dr. Brij Kishore and Dr. S. N. Aggarwal referred to as respondents 1, 2 and 3 , applied for the post.
233 of 1975 was preferred by the present appellant Dr. C. Gupta Special Appeal No.
233, 254 and 264 of 1975.
He was also taking regular classes in clinical methods for third year and has also been called upon to teach them kidney diseases.
357/77 against that part of the judgment of the learned single Judge by which appointment of appellant Dr. M. C. Gupta and respondent No.
They were in respect of the academic attainments, teaching research experience, upper age limit, etc.
II July 71 upto the date of About 3 years, 2 appointment as Professor months teaching Reader in Medicine in S.N. experience.
A learned single Judge of the High Court quashed the selec tions.
6 Special Appeal No.
The Commission was assisted by four medical experts in the matter of interview, selection and recommendation of suitable candidates satisfying the requisite qualifications for the post.
232/75 was filed by Dr. R. N. Tandon, respondent No.
Santosh Chatterjee and Vineet Kumar for R. 6 in CA 1142/78.
The petition was subsequently amended questioning the order of appointment.
He was also incharge of beds in general medicine in Professors Unit in the leave vacancy.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
N. Kacker, Sol.
1 in All the appeals.
6, Dr. R. N. Tandon, was number quashed.
III 5th April 1968 to 4th July 15 Months teaching 1969 Post doctoral research experience.
By a companymon judgment in the appeals arising from the judgment of the learned single Judge, the appellate Bench companyfirmed the order quashing the selections and further quashed the order of appointment and remitted the matter to the Commission directing it to make fresh selection in companysonance with the interpretation put upon the relevant regulations by the Court.
Dr. Gupta also produced a certificate issued by Professor of Clinical Medicine, S. N. Medical College, Agra, which, inter alia, states that Dr. Gupta was associated from time to time with teaching and patient care in general medicine and he was also actively associated with teaching of post graduates in general medicine in the way of clinical companyferences, seminars, etc.
The Commission selected Dr. M. C. Gupta and Dr. R. N. Tandon for the two posts of Professor in Medicine and recommended their names to the State Government, Respondents 1, 2 and 3 who were also candidates for the post, presumably came to know about the recommendation and moved the High Court on 13th September 1974 by way of a writ petition questioning the selection.
The petition was admitted and rule nisi was issued.
1, 2 and 3 in Civil Appeal No.
6 to the post of Professor in Medicine in State Government Medical Colleges.
II 1st February, 1967 to 31st One years teaching 1968 As a Lecturer while experience.
N. Sinha, Santosh Chatterjee, Vineet Kumar and P. P. Singh for the Appellant in CA 357/77.
Rajiv Dutt and P. C. Kapur for R. 6 in CA 357/77.
As already stated above, the learned single Judge held that neither Dr. M. C. Gupta number Dr. R. N. Tandon had the requisite teaching experience and that neither of them was qualified for selection as Professor of Medicine and accordingly allowed the writ petition and quashed the selection.
IV by Dr. Tandon issued by Eugine I. Lippasch, Professor Administrative Associate Chairman of the Department of Medicine, State University of New York at Buffalo, dated 13th October 1966, in which it is stated that Dr. Tandon companypleted one year teaching fellowship in the Division of Cardiology of the Department of Medicine at the State University of New York at Buffalo and the Buffalo General Hospital on October 31, 1966.
The Judgment of the Court was delivered by DESAI, J. Respondents Nos.
357/77 and 1142 1143/78.
There are further references in the certificate which we may ignore for the time being.
357/77 is preferred by Dr. M. Gupta and Civil Appeals Nos.
It is number very clear what is the equivalent of a Fellow in teaching Hospitals in India but Dr. Tandon has also claimed teaching experience from 5th April 1968 to 4th July 1969, being posted as post doctoral research fellow, Department of Medicine in G. S. V. M. Medical College, Kanpur.
M. Tarkunde, S. C. Patel and Bishamber Lal for R. 2 in all appeals L. Sanghi, S. C. Patel and Bishamber Lal for R. 3 in all appeals.
256 of 1975 was filed by respondents Nos.
264 of 1975 was preferred by the State of U.P. and Special Appeal No.
of Medicine, State University of New York at Buffalo, USA.
50 of the time spent in recognised research under the Indian Council of Medical Research or a University or a Medical College, after obtaining the requisite post graduate qualification be companynted towards teaching experience in the same or an allied subject provided that 50 of the teaching experience shall be the regular teaching experience.
posted as Pool Officer Dept.
Professor Asst.
357/77 filed writ petition No.
The advertisement set out the prescribed qualifications for the post under Regulations made under s. 33 of the Indian Medical Council Act, 1956 Act for short .
The companytroversy in these appeals centres round the question of teaching research experience and the relevant regulation in this behalf may be extracted Post Academic Subject Teaching/ Qualification Research experience Professor M.D., M.R.C.P., Medicine b As Reader/ Associate F.R.C.P., Asst.
A numberice dated 24th October 1970 issued by the Department of Medicine, S. N. Medical College, Agra, was also brought to our numberice in which it was shown that Dr. Gupta was to be the Senior Physician on call on every Tuesday.
General, M. V. Goswami and Rajiv Dutt for the Appellants in CA 1142 1143/78 and RR 4 and 5 in CA 357/77 K. Sen, S. C. Patel and Bishamber Lal for Respondent No.
These three appeals obviously were heard together and are being disposed of by this companymon judgment.
Arising from this companymon judgment, three appeals by special leave are preferred to this Court.
An ex parte interim stay restraining the Government from making the appointments was granted but sub sequently it was vacated.
Experience of Dr. R.N. Tandon I. 1st October 1965 to 31st One years teaching October, 1966 Post doctoral experience.
IV 29th July 1969 to 30th October Over 5 years teaching 1974 date of appointment as experience.
The appellate Bench partly allowed the appeals and while companyfirming the order quashing the selection of Dr. M. Gupta and Dr. R. N. Tandon, also quashed their appointment and remitted the matter to the Commission directing it to re examine the relative merits of all candidates in the light of the interpretation put upon the relevant regulations by the Court.
The selection and appointment of Dr. M.C. Gupta and Dr. N. Tandon were questioned only on one ground in that each of them did number satisfy the requisite teaching research experience.
5462/74 challenging the selection by U.P. Public Service Commission Commission for short and subsequent appointment by U.P. State Government of appellant and respondent No.
of Medicine in GSVM Medical College, Kanpur.
teaching fellow, Dept.
Professor of Medicine, State University of New York, at Buffalo USA.
I. 25th January 1965 to 19th About 6 years and July 1971 Lecturer in Cardio 6 months teaching logy in the Dept.
Regulation 4 of General Regulations provides as under 4.
One may be engaged as a research scholar and holds numberteaching post.
