NIKKI SABHERWAL Vs. GURU GOBIND SINGH
LAWS(DLH)-2007-2-258
HIGH COURT OF DELHI
Decided on February 20,2007

NIKKI SABHERWAL Appellant
VERSUS
GURU GOBIND SINGH Respondents

JUDGEMENT

- (1.) The petitioners are Senior Specialist/Specialist/Consultants in their respective medical disciplines at Safdarjung Hospital and Vardhman Medical College. They are teaching under-graduate and post-graduate students in these hospitals. Their grievance is that many Senior Specialist/Specialist/Consultants in the past have been conferred teaching status by Guru Gobind Singh Indraprastha University in terms of amendment to Regulation 11.1 of the Post Graduate Medical Education Regulation, 2000 while they are being denied the same status. The amendment came into effect on 15.3.2005. It reads as under: Consultants of specialists who have the experience of working for a period of not less than 18 years and 10 years in the teaching and other general departments in the institutions, hospitals, not attached to any medical college, where with a affiliation from any University, postgraduate teaching is being imparted as contemplated under sub-regulation(1A) of Regulation 8, shall respectively be eligible to be equated as Professor and Associate Professor in the department concerned. The requisite experience for equating a Consultant or Specialist working in the super - specialty departments of the said institutions or hospitals as Professor and Associate Professor shall respectively be 16 years and 8 years. Consultants or a specialists having post-graduate degree qualification, working in such an institution or hospital, who do not have the said period of experience shall be eligible to be equated as Assistant Professor in the department concerned.
(2.) The aforesaid Regulation has been challenged in a writ petition bearing No. WP(C) 7049/2005 by the Faculty Association of Maulana Azad Medical College, inter-alia, on the ground that non-teaching staff cannot be equated with teaching staff.
(3.) Although amendment to Regulation No. 11.1 has not been stayed by this Court yet, respondent No. 1, namely, Guru Gobind Singh Indraprastha University has of its own stayed its hands in conferring teaching status any further because, it feels, that the fate of the amendment is in a state of flux.;


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