Ram Rati vs BD Sharma University of Health Sciences and Others

M.M.S. Bedi, J.—Vide order Annexure P-6 dated 28th May, 2012 passed by respondent No. 3, the petitioner has been denied promotion to the post of Professor on the ground that she does not have five years teaching experience after acquiring Master''s degree in Nursing. The relevant qualification and experience prescribed for the post of Professor as per University Regulations reads as follow:-

Counsel for the respondents made an attempt to justify the order Annexure P-6 contending that as per the order issued vide letter dated 28.2.1973 (Annexure R1/1) where the rules do not indicate whether experience should have been obtained after the minimum education qualification, the experience gained only after acquiring the minimum education qualification should be counted and amendment to that effect should be made in the relevant rules.

After hearing learned counsel for the parties, I am of the considered opinion that till date the rules have not been amended. Admittedly, the petitioner has got teaching experience of more than 5 years and she also possess Master''s degree in Nursing having 10 years experience. Keeping in view that the petitioner having possessed the minimum eligibility conditions of qualification and experience, the order Annexure P-6 is declared to be illegal. It is settled principle of law that statutory rules cannot be superseded by any official instructions. The petition is allowed declaring petitioner eligible and entitled to be considered for the post of Professor. It is directed that the petitioner will be considered for the post of Professor as and when vacancy lying vacant is to be filled. It is further directed that vacancy will not be filled without considering the petitioner.