DR. RAMANATH MISRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner was an Assistant Professor of Surgery in the S.C.B. Medical College, Cuttack, when he filed this petition. He on the ground of his seniority in service over opposite party Nos. 2 to 5 prays for the issue of a writ of mandamus quashing the decision of the State of Orissa, opposite party No. 1 herein, promoting opposite party Nos. 2, 3 and 4 to the posts of Readership in Surgery, and further prays for fixing his seniority in service above opposite party Nos. 2 to 5.

(2.) After an elaborate hearing of the counsel for both the parties, and on perusal of the relevant affidavits and the Annexures thereto filed by the parties, the salient and important features which arise for consideration, in the ultimate analysis of the case, are hereafter taken up for discussion and decision.

(3.) The petitioner obtained his postgraduate qualification on 26-10-1962 while opposite party Nos. 2 and 3 obtained their post-graduate Degree on 30-12-1959 and opposite party No. 4 obtained the said Degree on 10-1-1961. Opposite party No. 2 was provisionally appointed on an ad hoc basis to the rank of Assistant Professor of Surgery on 9-10-1961, and opposite party Nos. 3 and 4 were appointed as such to the said post on 13-11-1961 after they acquired their post-graduate qualifications, which fact is admitted by the petitioner in paragraph 12 of his petition. The petitioner therefore had not obtained his post-graduate Degree by the time opposite party Nos. 2 to 4 obtained their post-graduate Degrees and were so appointed to the rank of Assistant Professor in Surgery. The petitioner however makes a grievance against the aforesaid appointments on the ground that by the date opposite party Nos. 2, 3 and 4 were appointed as such, they had not the requisite qualification for the said post in accordance with the standard laid down by the Indian Medical Council, prescribing not only a post-graduate Degree but also at least three years teaching experience for such a post. In reply to the above, the State Government state in their counter affidavit.that in view of the dearth of qualified candidates, for filling up vacancies to such post, relaxation of the above qualification, in so far as regards teaching experience is concerned, had to be made by the Government, and on the basis of a principle evolved that any candidate having teaching experience for one year as Junior Teacher with the requisite post-graduate qualification, on the date on which the post of an Assistant Professor falls vacant, should be considered for promotion to the said post. Dr. Reza Rasool, opposite party No. 4. in paragraph 4 of his counter affidavit states that the requirement as to the length of teaching experience for such a post was relaxed by the Medical Council of India in the case of opp. party nos. 2 to 4, and the Council communicated the same to the Government of Orissa in the Health Department by their letter No. MCI-12 (7-31/61. MED/21495 dated 21-12-1961 Dr. G. P. Mohanti, opposite party No. 3, in paragraph 10 of his counter affidavit also reiterates the above fact, and has annexed a copy of the letter of the Deputy Secretary to the Government of Orissa, Health Department, dated 18-3-1968 addressed to the Secretary, Orissa Public Service Commission, which indicates that teaching experience in the case of opposite party Nos. 2, 3 and 4 was relaxed by the Medical Council of India, That being so, the appointment of opposite party Nos. 2, 3 and 4 to the posts of Assistant Professor of Surgery on the respective dates cannot be questioned on the ground put forward by the petitioner. Apart from the above, the petitioner is unable to satisfy us that the standard of qualification laid down by the Indian Medical Council has a binding legal effect and/or force, and the State Government has the statutory obligation to follow the same. In the writ petition the petitioner himself indirectly states that the function of the Medical Council to advice the State Government and the Universities on Medical Education (para 9) and the standard of qualification for different posts laid down by the Council is of recommendatory nature (para 12). Moreover, the petitioner himself had not obtained the basic post-graduate qualification for the post by the time the aforesaid appointments were made. Long time has lapsed since the appointments were made, and the petitioner himself has since been promoted to the post of Assistant Professor of Surgery. Considering all that has been discussed above, we find that the petitioner's grievance on this score has no force or substance, and is also not tenable in the present context of things.