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Judgment
S. Nagamuthu, J.—The petitioner is a professional doctor. She is presently working as an Assistant Professor in the department of
Obstetrics & amp; Gynaecology in Madurai Medical College, Madurai. Her next avenue of promotion is to the post of Associate Professor in the
same department. The second respondent by his proceedings in Ref. No. 73223/E1/5/2013 dated 24.09.2013 has published a panel for
promotion to the post of Associate Professor for the year 2013 and 2014, in a number of specialties including Obstetrics & amp; Gynaecology.
The persons who have been empanelled have been asked to appear for the promotion counseling for the post of Associate Professor at 1.00 p.m.
on 29.09.2013 in the Directorate of Medical Education at Kilpauk, Chennai. In the said panel, the name of the petitioner has not been included.
Thus, according to the petitioner, she has not been considered for promotion for the post of Associate Professor. Aggrieved over the same, the
petitioner is before this Court with this writ petition. I have heard the learned counsel for the petitioner.
Considering the urgency of the matter because the promotion counseling is scheduled to be held on 29.09.2013, the learned Government
Advocate was directed to take notice and get instructions from the respondents. Accordingly, the learned Government Advocate took time and he
has now come with the instructions from the second respondent. I have heard him in full and perused the records carefully.
Admittedly, the petitioner has MBBS degree to her credit. Thereafter, she secured a Diploma in Obstetrics & amp; Gynaecology issued by the
National Board of Examinations"", New Delhi in the examination held in October 2001. The said diploma is known as ""Diplomate of the National
Board"".
Thereafter, the petitioner joined M.D. Paediatrics and she has obtained a Master''s Degree in Paediatrics as well. However, the petitioner has been
working in the Department of Obstetrics & amp; Gynaecology for more than 9 years after obtaining the diplomate, namely DNB. According to the
eligibility criteria for promotion to the post of Associate Professor, undoubtedly, the following are the qualifications:
As Assistant Professor/Lecturer in Obstetrics & amp; Gynaecology for five years in a recognized medical college.
Desirable:
ii) Minimum of four Research publications indexed in Index Medicus/national journals.
Since she has been working continuously as Assistant Professor in the Department of Obstetrics & amp; Gynaecology for 9 years, she is fully
eligible for promotion to the post of Associate Professor, she contends.
So far as the educational qualification for the post of Associate Professor, a candidate should have MD in Obstetrics & amp; Gynaecology or
M.S. in Obstetrics & amp; Gynaecology. Admittedly, the petitioner does not possess a Master''s Degree, namely MD in Obstetrics & amp;
Gynaecology. She has got Master''s Degree only in Paediatrics. But, according to the petitioner, the diploma namely DNB secured by her from the
National Board of Examinations"", New Delhi is equivalent to M.D. in Obstetrics & amp; Gynaecology.
The learned counsel for the petitioner would submit that the Government has issued a Government Order in G.O.(Ms). No. 168, Health and
Family Welfare (B2) Department, dated 16.05.2012, wherein, the Government has directed as follows:
For promotion purpose and for admission to super specialty/Higher course, the diplomate of National Board Examinations (DNB) qualification
may be considered equivalent to M.D./MS degree with effect from the date of issue of this order.
Thus, according to the petitioner, as per the Government Order, DNB Diploma obtained by her should be treated as sufficient qualification for the
purpose of promotion to the post of Associate Professor.
But the learned Government Advocate, on instructions, would submit that all along the diplomate of the National Board Examinations (DNB)
was not treated as equivalent to MD/MS degree in Obstetrics & amp; Gynaecology. Only under G.O. Ms. NO. 168, it was declared that it is
equivalent to MD/MS degree, he submits.
The learned Government Advocate would further submit that however the above Government Order directs that DNB will be considered
equivalent to MD/MS degree only with effect from the date of issue of the above Government order, namely 16.05.2012. The learned
Government Advocate would further submit that in view of the said crucial date, the petitioner should serve as an Assistant Professor for five years
in a Medical College from 16.05.2012. In other words, the service rendered by the petitioner as Assistant Professor until the above Government
Order was issued on 16.05.2012 shall not be considered as a service in the post of Assistant Professor in the department of Obstetrics & amp;
Gynaecology in the Medical College for the purpose of promotion. If the service of the petitioner as Assistant Professor is counted from
16.05.2012, since she has not completed 5 years, she is not eligible for promotion to the post of Associate Professor, he contended. The learned
Government would further submit that because of the above reason, in the panel for promotion for counseling the name of the petitioner was not
included.
But the learned counsel for the petitioner would submit that the above stand taken by the second respondent is not correct and the second
respondent has not understood the Government Order in its true spirit. He would submit that service rendered by the petitioner as Associate
Professor from 16.05.2012 should also be taken into account to find whether the petitioner has five years of experience in the recognized medical
college as Assistant Professor. Since the petitioner has got such experience, according to the learned counsel, she is entitled for promotion.
I have considered the above submissions and also perused the records carefully.
Admittedly, the petitioner has been working continuously as Assistant Professor in the Department of Obstetrics & amp; Gynaecology in a
recognized Medical College for 9 years. It is also an admitted fact that the petitioner does not possess MD degree in Obstetrics & amp;
Gynaecology. She possesses only Diplomate of National Board Examinations in Obstetrics & amp; Gynaecology. As per the Government Order,
for the purpose of promotion, the diplomate of the National Board Examinations (DNB) should be considered equivalent to MD degree in
Obstetrics & amp; Gynaecology. In my considered opinion, DNB does not become equivalent to MD, because of the issuance of the above
Government Order. If one degree is found equivalent to the other, they are always equivalent from inception. It is not as though DNB takes a
different shape and becomes equivalent to MD degree in Obstetrics & amp; Gynaecology by the issuance of the Government Order. Equivalence,
in my considered opinion, means that two degrees or Diplomas, though called in different names, have the same subject of study, which is more or
less equal. It is not as though, the subject for the examination of Diplomate of National Board of Examination was in any manner changed
subsequently so as to make it equivalent to MD degree in Obstetrics & amp; Gynaecology. It is not as if, what was not equivalent all along has
been made equivalent by the issuance of Government Order. That is the reason why, I hold that DNB should be considered as equivalent from its
inception with the MD degree in Obstetrics & amp; Gynaecology. Thus, in my considered opinion, the period of service rendered by the petitioner
as Assistant Professor, after obtaining the diplomate of the National Board Examinations should be taken into account, while counting the period of
service, required for promotion.
The learned Government Advocate would refer to clause 7 of the Government Order that DNB may be considered equivalent to MD/MS
degree with effect from the date of issuance of the Government Order. This argument, in my considered opinion, does not persuade me at all. In
my considered opinion, the phrase ""from the date of issue of this order"" should be understood to mean that there shall be no retrospective
promotion based on the DNB qualification. After the issuance of Government Order, if anybody is qualified with DNB, then, he shall be promoted
after the date of the Government Order. This can be illustrated in the following way:
A candidate who has secured DNB 10 years before from now, though became qualified for promotion to the post of Associate Professor on
completion of 5 years from the date of joining service, he cannot claim retrospective promotion from the said date by relying on the Government
Order, as the Government Order does not provide for such retrospective promotion. In such an event, a candidate who is promoted after the
issuance of the Government Order, cannot demand for giving notional promotion, retrospectively from the date on which he had completed 5 years
of service. It is only to avoid such a demand for retrospective notational promotion, the Government has stated that DNB may be considered
equivalent to MD/MS degree with effect from the date of issuance of Order. The purport of this direction is that whoever is found possessing
DNB on or after the date of issuance of Government Order shall be eligible for promotion as Associate Professor in the department by counting
the period of service rendered prior to the issuance of the Government Order.
The petitioner has been admittedly working as Assistant Professor for 9 years. It is not as though until issuance of the Government Order, the
petitioner was working in a different cadre. Therefore, I find no reason to exclude the service of the petitioner prior to issuance of the Government
Order. In such view of the matter, I firmly hold that the petitioner is fully qualified for being included in the panel for promotion to the post of
Associate Professor. In such view of the matter, I am inclined to allow the writ petition. In the result, the writ petition is allowed in the following
terms:
i) The second respondent shall include the petitioner in the panel issued under the impugned circular in the appropriate place, based on her
seniority.
ii) The second respondent shall permit the petitioner to participate in the promotion counseling to be held, as per the circular dated 24.09.2013, for
the post of Associate Professor in the department of Obstetrics & amp; Gynaecology, on 29.09.2013 at 1.00 p.m. at the Directorate of Medical
Education, at Kilpauk, Chennai along with others.
iii) If the petitioner satisfies all the other qualifications including seniority, the second respondent shall promote her as Associate Professor in the
department of Obstetrics & amp; Gynaecology in the counseling to be held on 29.09.2013. No costs. Connected miscellaneous petitions are
closed.