Recently, the Himachal Pradesh High Court dismissed the petition challenging ineligibility for promotion, holding that teaching experience gained after a Post Graduate Diploma cannot substitute the essential Post Graduate Degree requirement for appointment as Assistant Professor in Medical Colleges. The Court emphasized that the word “Post Graduation” in the Service Rules pertains specifically to a Post Graduate Degree or its equivalent, and not a diploma.
Brief Facts:
The petitioner, a medical professional, claimed entitlement to promotion to the post of Assistant Professor in Anesthesiology under the Himachal Pradesh Medical Education Service Rules, 1999. He completed his MBBS and various roles including House Surgeon, Registrar, Medical Officer, and Senior Resident in recognized medical institutions. After completing a Post Graduate Diploma in Anesthesiology, and later an MD in the same specialty, he served as Senior Resident. The petitioner argued that his teaching experience gained after the Post Graduate Diploma should count towards the three-year teaching requirement for promotion to Assistant Professor. Despite this, the Departmental Promotion Committee recommended another candidate for promotion, bypassing the petitioner based on his alleged ineligibility.
Contentions of the Petitioner:
Counsel for the petitioner submitted that the term “Post Graduation” in the Service Rules should include both Post Graduate Degrees and Diplomas. He argued that after completing the Diploma, the petitioner had obtained requisite teaching experience as Senior Resident, satisfying the eligibility criteria for promotion. The petitioner also relied on the Medical Council of India Regulations, 1998 (amended 2020), and the Himachal Pradesh Resident Doctor Policy defining eligibility for Senior Residents, claiming that his experience should have qualified him for promotion. Reference was also made to the Apex Court decision in Manish Sharma v. Director, Department of Medical Education & Research, asserting that prior rulings recognized equivalence between PG Diploma and PG Degree in certain circumstances.
The State, represented by learned Advocate General, contended that the Service Rules explicitly require a Post Graduate Degree or its equivalent for appointment to Assistant Professor, and that teaching experience must be gained after completing the PG Degree. Therefore, experience gained after a PG Diploma cannot be considered equivalent.
Observations of the Court:
The Court carefully examined the Service Rules, Appendix-B, and Annexure-II regarding the essential qualifications for promotion. It observed that the term “Post Graduation” explicitly refers to a Post Graduate Degree or equivalent qualification, and the Rules do not mention that a PG Diploma satisfies this requirement. The Court noted, "Bare reading of the provisions includes that prescribed essential qualification is Post Graduation Degree or its equivalent qualification with condition that such candidate must possess three years teaching experience after doing Post Graduation. In absence of reference of Diploma in the essential qualification at any place, the Post Graduation Diploma cannot be imported for interpreting the words ‘after doing Post Graduation’."
Regarding the Apex Court decision in Manish Sharma, the Court clarified that the Top Court did not hold that a PG Diploma and PG Degree are the same, but only directed the competent authority to decide equivalence. Therefore, the petitioner’s claim to count teaching experience after Diploma towards eligibility for Assistant Professor was misconceived.
The decision of the Court:
The Court dismissed the petition, holding that the petitioner did not fulfill the essential qualification requirements under the Service Rules for promotion to Assistant Professor. The Court confirmed that the Departmental Promotion Committee acted correctly in considering the petitioner ineligible. All pending applications and interim relief were vacated.
Case Title: Dr. Sunil Dutt Vs. State of H.P. & Others.
Case No.: CWP No. 6750 of 2025
Coram: Justice Vivek Singh Thakur, Justice Sushil Kukreja
Advocate for Petitioner: Adv. Chandernarayan Singh, Dr.Nidhi Singh
Advocate for Respondent: Adv. Anup Rattan (Advocate General), Raj Negi (Deputy Advocate General), Vikrant Thakur, Balram Shrama (Deputy Solicitor General of India), Rajeev Sharma
