A.P.SEN - (1.) THESE three appeals and the special leave petitions are directed against the judgment and order of the Andhra Pradesh Administrative Tribunal, Hyderabad dated 22/02/1985 quashing the panel of names prepared by the State Government under R. 8 of the Andhra Pradesh Medical and Health Service Special Rules, 1982 to fill up the promotional post of Professor of Cardiology as on 1/07/1983 reckoning the teaching experience of all the Assistant Professors in that super speciality in order of seniority, holding that the Assistant Professors of Cardiology in different medical colleges in the State who had the requisite five years' teaching experience under R. 5 of the Rules having the alternate* qualification in cl. (b) of Annexure II were eligible for promotion as such and directing the State Government to draw up a fresh panel after considering the claims of all such Assistant Professors of Cardiology treating them as possessing the requisite teaching experience in terms of R. 5 for the promotional post of Professor of Cardiology as on 1/07/1983. That turns on the meaning of the expression 'two years training in Cardiololgy' as specified in cl. (b) of column 5 at serial No. 17 of Annexure II to the Rules prescribing the qualifications for the post of Professor of Cardiology. The Tribunal was of the view that such Assistant Professors of Cardiology were entitled to have the benefit of teaching experience gained by them as such after obtaining the post-graduate degree in MD/MRCP in that speciality on the crucial date 1/07/1983 when the State Government purported to prepare a panel under R. 8 of the Rules. The issue involved is of far-reaching importance to the entire medical profession as similar problem is faced by the State Government in promoting Readers/Associate Professors in a speciality to the post of Professor in that speciality in the medical colleges. 'The matters were heard a long time back and closed for judgment, but then a similar question arose in Civil Appeal No. 4456 of 1986 - State of Orissa v. Dr. Sivsanker Lal Bajoria and Anr. - and therefore the matters were re- listed. By order dated 12/12/1986 this Court granted special leave to the State Government of Orissa against the judgment and order of the Orissa High Court evolving a rule of substantial compliance. But learned counsel for the parties in these matters stated that they had made their submissions on merits and desired that the Court should proceed to judgment. At the very outset, we wish to place on record that in Civil Appeal No. 4456 of 1986 we had on 29/10/1986 issued notice to the Medical Council of India to enable it to clarify its stand as to the eligibility of Assistant Professors/Readers in Cardiology to the promotional post of Associate Professor/Professor of Cardiology and in particular as to the import of the term 'two years' special training' within the meaning of Regulation 5(2)(b) of the Indian Medical Council Regulations, 1970, framed under S. 33 of the Indian Medical Council Act, 1956. We desired the Indian Medical Council to specify the particular institution where such special training is imparted. It would be profitable to reproduce the relevant averments in the affidavit sworn by the Assistant Secretary on behalf of the Medical Council of India placing its point of view : "With reference to the question whether any syllabus has been prescribed for further studies in Cardiology is concerned, I state that the Council is a regulatory body which has its own rules under the Act. It does not prescribe any syllabus which is within the jurisdiction of every University and medical institutions. The Medical Council of India only prescribes broad guidelines for training in post-graduate/post-doctoral courses leading to post-graduation in D.M. (Cardiology), period of study, conduct of examination etc.; true copy of the said broad guidelines which will cover post-graduation courses is annexed herewith. It may be submitted that there are no special guidelines for Cardiology. However, it is submitted that some Universities/ Institutions might have prescribed the syllabus. With reference to the second question whether further training/ instruction are imparted in any college/ institution/ university or hospital, I submit that various departments attached to various colleges have started imparting post-graduation courses after obtaining permission from the Medical Council of India. Till this day, a list of such institutions which are imparting such recognised post-doctoral training in Cardiology is given below : 1. Madras Medical College, Madras (Madras University) 2. Post-Graduate Institute of Medical Education and Research, Chandigarh (P.G.I., Chandigarh) 3. All India Institute of Medical Sciences, New Delhi. 4. G. B. Pant Hospital (Delhi University) 5. G. S. V. M. Medical College, Kanpur (Kanpur University) Colleges/Institutions which have already been approved for conducting D.M. courses in Cardiology are as under: Permission accorded (Still to be Recognised) 1. Osmania Medical College, (Osmania University, Hyderabad) 2. Gandhi Medical College, (Osmania University, Hyderabad) 3. Armed Forces Medical College, Pune (Poona University) 4. Kasturba Medical College, Manipal (Mangalore University) 5. Bangalore Medical College, Banglore (Banglore University) 6. S.C.B. Medical College, Cuttack (Utkal University) (Permitted in Sept. 86) 7. Grant Medical College, Bombay (Bombay University) 8. Seth G.S. Medical College, Bombay (Bombay University) 9. T.N. Medical College, Bombay (Bombay University)" (Emphasis supplied
(2.) THE affidavit sworn by the Assistant Secretary to the Medical Council of India is admirably vague and reveals a sad state of affairs. It is quite manifest that when the Secretary to the Medical Council of India addressed a letter dated 26/04/1976 conveying the recommendations of the Medical Council of India purporting to lay down that after 31/05/1977 for all teaching appointments to posts higher than Tutor in higher specialities i.e. Cardiology/Neurology/ Gastro-Enterology /Thoracic Surgery/Neuro-Surgery/ Plastic Surgery/ Paedlatric Surgery/ Urology, the candidates must possess postgraduate degree qualifications in the speciality concerned i.e. DM/M. Ch. after MD/MS or other equivalent qualifications as may be approved by the Council from time to time. THEre was no prospectus for a course of study for post-graduation in a super speciality nor were there any institutions for imparting post-doctoral training in all the subjects. THEre was also a Note added that the already existing qualifications with 'two years special training' in a recognized training centre in the speciality concerned shall cease to be sufficient qualification for appointment to the aforesaid teaching posts from that date. For the sake of completeness, we think it necessary to set out the aforesaid letter of the Secretary, which runs as follows : "After 31/05/1977, for all teaching appointments to posts higher than Tutor in higher specialities i.e. Cardiology, Neurology/ Gastro-Enterology /Thoracic Surgery/ Neuro-Surgery/Plastic Surgery/Paediatric Surgery/ Urology, the candidates must possess postgraduate degree qualifications in the speciality concerned i.e. D.M./M. Ch. after M.D./M.S. or other equivalent qualification as may be approved byd by the Council from time to time. THE existing alternative qualifications i.e. M.D./M.S. or an equivalent qualification with two years special training in a recognised training centre in the speciality concerned shall cease to be sufficient qualification for appointment to aforesaid teaching posts from that date. Provided that the requirements of possessing post-graduate degree qualification in the concerned higher speciality shall not be applicable for higher appointments in the case of existing teachers holding regular teaching posts whose appointment was initially made on the basis of two years special training in the speciality after the requisite M.D./M.S." It would be noticed that the affidavit does not disclose the date or dates from which the institutions listed above, namely. Madras Medical College, Madras, Post-Graduate Institute of Medical Education and Research, Chandigarh, All India Institute of Medical Sciences, New Delhi, G. B. Pant Hospital, Delhi and G.S.V.M. Medical College, Kanpur were recognised for imparting postgraduate/post-doctoral training. Nor does it specify the Universities/ Institutions which have prescribed a syllabus for the postgraduate/post-doctoral courses leading to post-graduation in D.M. (Cardiology), period of study, conduct of examination etc. It is not necessary to set out the facts in any detail and it is sufficient to give only the salient facts to elucidate the points in controversy. On lst July, 1983 the State Government purported to prepare a panel of all Assistant Professors of Cardiology in Government Medical Colleges in the State having the requisite teaching experience under R. 5 after obtaining the post-graduate qualifications as specified in Annexure II. There existed on that date four vacancies in the post of Professor of Cardiology which occurred on lst Nov. 1982, 1/03/1983, 1/05/1983 and in June, 1983. According to the Government, the teaching experience contemplated by R. 5 of the Rules was the teaching experience gained by the Assistant Professor in the concerned speciality after obtaining the second post-graduation degree in that speciality. The Government therefore included in the panel the names of Dr. G. Subramanyam, Dr. A. Rajgopala Raju and Dr. Soghra Begum, Assistant Professors of Cardiology, who had as on the crucial date 1/07/1983 five years teaching experience after obtaining their post-graduation degree in DM (Cardiology) as enjoined by R. 5 read with the first proviso thereto, and accordingly by order dated 17/08/1983 promoted them to the post of Professor of Cardiology. Thereupon. the respondents Dr. R. Murali Babu Rao and Dr. G. Sai Gopal moved the Andhra Pradesh Administrative Tribunal assailing the impugned order of promotion. The claim of the respondent Dr. R. Murali Babu Rao was that he having obtained his degree in MD/MRCP in Medicine was posted as Assistant Professor of Cardiology w.e.f. 18th Jan. 1978 and while continuing to work as such, he was selected to undergo a super speciality course in Cardiology i.e. DM and was deputed for that purpose on 18th Jan. 1980. After completing his DM (Cardiology) in April, 1981, he was posted as Assistant Professor of Cardiology from l 2/06/1981. Upon that basis, he claimed that apart from being seniormost Assistant Professor of Cardiology, he had 'five years of teaching experience in the Department of Cardiology as Assistant Professor of Cardiology as on 18th Jan. 1983. According to him, if a panel had been prepared on lst Jan. 1983, he would have been the seniormost candidate in service with requisite qualifications for any vacancy from 1st Jan. 1983 to lst July, 1983. He characterised the action of the State Government in the matter of computation of five years teaching experience after post graduation as required under R. 5 of the Rules only after the second post-graduation degree in DM (Cardiology) as being wholly arbitrary and irrational. The State Government in the counter before the Tribunal repudiated his claim and contended inter alia that under R. 5 of the Rules, one must possess five years teaching experience in the speciality concerned after obtaining the post-graduate qualification in the concerned speciality i.e. after the second post-graduate course. It was averred that after completion of his postgraduate course in DM (Cardiology), the respondent had been posted as Assistant Professor of Cardiology on 12/06/1981 and thus he would complete the three years period as Assistant Professor of Cardiology after acquiring his post-graduate degree in DM. (Cardiology) only on 1/06/1984. In the normal course, it was said, he would then become qualified for promotion as Professor of Cardiology.
(3.) THE claim of the other representationist Dr. G. Sai Gopal was more or less similar. He acquired his degree in MD in Medicine in 1973 and was posted as Assistant Professor of Cardiology in Sept. 1973. He obtained his second post-graduate degree in DM (Cardiology) on 14th Dec. 1981. His grievance is that he has been discriminated against by the Government. While he was working as Assistant Professor of Cardiology after obtaining his post-graduate degree in MD in Medicine. in 1978 he applied for study leave to join the All India Institute of Medical Sciences, New Delhi for undergoing further studies for the second post-graduation degree in DM (Cardiology). It was refused and he was asked to resign from service while the Government granted such leave to respondent No. 3 Dr. Soghra Begum and therefore he should have been treated at par with her as if leave had been granted, and thus he would have completed his DM (Cardiology) course in the year 1980 itself. During the year 1979 the Government however relented and granted him leave to study DM course in Cardiology in the All India Institute of Medical Sciences, New Delhi where he completed his DM (Cardiology) on 13th Dec. 1981. As he had put in 1 year 6 months 27 days after his post-graduate degree in DM (Cardiology) and even after giving credit for 2 years 4 months and 18 days i.e. the second post-graduation course period, he was short of the requisite five years teaching experience and thus the Government considered him ineligible for promotion. Of the three Assistant Professors of Cardiology promoted as Professors, the Government placed before the Tribunal a tabular chart showing that Dr. A. Rajagopala Raju had a teaching experience of about 3 years 3 months as on 1/01/1983 and with the gaining of teaching experience during the second post-graduation degree of about two y ears, he had a total teaching experience of over five years. As regards Dr. Soghra Begum, it was averred that she already had 3 years 2 months and 16 days teaching experience as Assistant Professor of Cardiology after obtaining her post-graduate degree in MD/MRCP in Medicine. when the Government deputed her to undergo further studies for the second post-graduate course in DM (Cardiology) and therefore the Government, as in the case of Dr. A. Rajagopala Raju, decided to count the period when she was undergoing the second postgraduate course in DM (Cardiology) towards her teaching experience.;