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Judgment
Appellant has filed this appeal challenging the order dated 1.4.2019 passed by the Learned Single Judge, whereby, writ petition filed by Respondent No.5, was allowed.
Learned counsel for the appellant has submitted that Respondent No.5 was not having requisite qualification for promotion to the post of Assistant Professor (Anatomy). Hence, learned Single Judge has erred in allowing the writ petition filed by the Respondent No.5. At the one hand regulations provide for M.Sc. Medical (Anatomy) along with Ph.D. Medical Anatomy as qualification for the post of Assistant Professor, whereas, on the other hand respondents have treated M.Sc. (Anatomy) as sufficient qualification for the post of Assistant Professor.
Learned counsel for the University has submitted that respondent no.5 was duly qualified to be promoted as Assistant Professor (Anatomy). In-fact, clarification was sought by the University from the Medical Council of India (now Board of Governors) vide letter dated 10.01.2018. It was clarified by the Board of Governors vide letter dated 5.3.2019 that respondent no.5 Deepak Sharma was eligible for the post of Assistant Professor in the Department of Anatomy in the Medical College.
Learned counsel for Respondent No.5 has opposed the petition and has submitted that the learned Single Judge basing reliance on reply submitted by Board of Governors has rightly allowed the writ petition filed by the Respondent No.5. Respondent No.5 was working as Tutor (Anatomy) in Rajasthan University of Health Science, College of Medical Science. Respondent no.5 was at serial no.1 in the seniority list. However, Appellant Chandrajeet Singh Chandel had been promoted as Assistant Professor (Anatomy), although, he was junior to Respondent No.5-Deepak Sharma. As per the Regulations of 1998, the academic qualification for Assistant Professor Anatomy as reproduced in the written statement filed by the University reads as under:
"M.S. (Anatomy)/ M.D.(Anatomy)/MBBS with M.Sc.(Anatomy)/M.Sc. (Med. Anatomy) with Ph.D. (Med. Anatomy)/ M.Sc. (Med. Anatomy)/ with D.Sc. (Med. Anatomy)".
Admittedly, respondent no.5-Deepak Sharma is holding a degree of M.Sc. (Anatomy). On account of some doubt, University had written to the Medical Council of India vide letter dated 10.01.2018 Annexure-RA5-5 seeking clarification as to whether Deepak Sharma was entitled to be promoted as Assistant Professor (Anatomy).
Reply Annexure-RA5-6 dated 5.3.2019 submitted by the Board of Governors in supersession of Medical Council of India reads as under:
"With reference to your letter No. F-20) Sanasthanpan-II/Raj.Swa.V.V./Jaipur/2018/20464, dated 10.01.2018, received in the council office on 22.01.2019 on the above mentioned subject, I am directed to inform you that the Council has considered the documents i.e. academic qualification, teaching experience of Dr. Deepak Sharma determining his eligibility for the post of Assistant Professor in the department of Anatomy in a medical college. It has been decided that since Dr. Deepak Sharma meets the eligibility criteria as prescribed by the Council ir its regulations on Minimum Qualification for Teachers in Medical Institutions 1998, as amended from time to time, he can be considered eligible for the post of Assistant Professor in the department of Anatomy in a medical college in India."
The above reply was produced before the learned Single Judge. Basing reliance on the said reply, learned Single Judge allowed the writ petition filed by Respondent No.5-Deepak Sharma and directed the University to fairly consider the case of Respondent No.5-Deepak Sharma, presently working as Tutor (Anatomy) for promotion to the post of Assistant Professor Anatomy. Hence, there is no force in the submissions made by learned counsel for the appellant that respondent No.5 does not have the requisite qualification for the post of Assistant Professor Anatomy.
No ground for interference is made out.
Dismissed.