Delhi High Court
Aiims vs Dr.N.N.Sarkar & Ors. on 20 December, 2010
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment Reserved on : December 14, 2010
Judgment Pronounced on: December 20, 2010
+ W.P.(C) 145/2010
AIIMS ..... Petitioner
Through: Mr.Rajat Katyal, Advocate with
Mr.Anchit Sharma, Advocate
versus
DR.N.N.SARKAR & ORS. ..... Respondents
Through: Ms.Rina Sarkar, Advocate for R-1
Mr.Sanjay Parikh, Advocate with
Mr.Abinash K.Mishra, Advocate for
R-2
Ms.Anjana Gosain, Advocate for R-3
W.P.(C) 187/2010
DR.ANAND KUMAR ..... Petitioners
Through: Mr.Sanjay Parikh, Advocate with
Mr.Abinash K.Mishra, Advocate
versus
UOI & ORS. ..... Respondents
Through: Ms.Anjana Gosain, Advocate for R-1
Mr.Rajat Katyal, Advocate with
Mr.Anchit Sharma, Advocate for R-2
and R-4
Ms.Rina Sarkar, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
1. Whether the Reporters of local papers may be allowed
W.P.(C) No.145/2010 & 187/2010 Page 1 of 23
to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
PRADEEP NANDRAJOG, J.
1. Writ petition No.2493/2000 filed in this Court by
Dr.N.N.Sarkar, the first respondent in WP(C) No.145/2010 and
the third respondent in the connected writ petition,
challenging selection and appointment of Dr.Anand Kumar, the
writ petitioner of WP(C) No.187/2010 and impleaded as
respondent No.2 in WP(C) No.145/2010, on being transferred
to the Central Administrative Tribunal and registered as TA
No.677/2009, has been allowed by the Tribunal vide judgment
and order dated 14.10.2009; questioned by All India Institute
of Medical Sciences (AIIMS) and Dr.Anand Kumar in the two
captioned petitions. The dispute pertains to the eligibility of
Dr.Anand Kumar to be appointed under All India Institute of
Medical Sciences as Professor (Reproductive Biology).
2. Reason why the Tribunal has held in favour of
Dr.N.N.Sarkar and against Dr.Anand Kumar are to be found in
para 5 of the impugned order which reads as under:-
"5. We have heard the learned counsel representing
the respondents and with their assistance examined
the records of the case. (a) The 3rd respondent, who
admittedly comes from medical discipline, does not
possess post graduate qualification e.g. MD/MS or a
recognized qualification equivalent thereto in the
discipline of reproductive biology. (b) Admittedly,
insofar as the candidates coming from the stream of
medical disciplines are concerned, there is no
relaxation in the essential qualifications. What clearly
emerges is that to be eligible for the post under
contention, a candidate from medical discipline must
either possess degree of MD/MS or a recognized
qualification equivalent thereto, and it has to be in the
concerned discipline. As mentioned above, the 3 rd
respondent is not MD or MS in the concerned
discipline. (c) One thing which can be certainly said is
that whatever academic qualification the 3rd
respondent may have, it is not related to the
concerned discipline. If it be the case of the
respondents that the academic qualification of the 3 rd
respondent is such that it would be part of the
concerned discipline, namely, reproductive biology,
then in that case it has necessarily to be said in the
advertisement. (d) We may not go into the question
as to whether the qualifications obtained by the 3 rd
respondent are such which may be a part of
reproductive biology, as is the case of the
respondents, controverted by the applicant in his
additional affidavit, as that may not be necessary for
deciding the controversy in issue. (e) We are of the
firm view that if it was to be the case of the
respondents that no one in India would have MD or MS
in reproductive biology, as up to 1990 no institute had
offered such a course, then in that case the
advertisement had to say that in case of non-
availability of a candidate having the qualification as
mentioned in the advertisement, the choice could also
fall upon those who had qualifications related to
different disciplines, which, according to the
respondents, would be part of reproductive biology.
We have said so because in that case, number of other
persons might have become eligible, and it is possible
that facing stiff competition from number of
candidates who may be thus eligible, the 3 rd
respondent might have no chance whatsoever for
selection. We need not refer to any case law, as it is
well settled proposition of law that no selection can be
made of a candidate who does not answer the
qualifications as prescribed either in the recruitment
rules or the advertisement. We may mention that it is
not that the respondents were not alive to the
situation. It would be seen from the advertisement
itself that insofar as, the candidates in non-medical
streams or disciplines are concerned, note two below
the essential qualifications specifically relaxed the
post graduate qualification e.g. master‟s degree in the
discipline if they would possess master‟s degree in
reproductive biology or biology or physiology. If this
relaxation was to be given to those coming from
medical discipline, similar note as appended for the
candidates coming from non-medical discipline, ought
to have been there for candidates coming from
medical streams as well. As mentioned above, non-
mention of such a note or relaxation in qualification,
deprived number of candidates who would be eligible
if there was to be relaxation in qualifications."
3. We have, in bold, inserted letters (a) to (e) while
reproducing para 5 of the impugned order for facility of
reference while we would be analyzing the reasoning of the
Tribunal.
4. Time to note the facts. An advertisement was
issued by All India Institute of Medical Sciences (AIIMS) inviting
applications from eligible candidates for 12 posts of Professors
in various disciplines, one of which was the post of Professor
(Reproductive Biology). Vide serial No.5 of the advertisement,
pertaining to the post of Professor (Reproductive Biology) it
was clearly indicated that both medical and non-medical
candidates would be considered. Under the caption „General
Information‟ it was clearly mentioned:-
"4. The essential qualifications are relaxable at the
discretion of selecting authority."
5. The advertisement separately notified the academic
qualifications pertaining to the candidates who came from
Medical as also Non-Medical Disciplines, for the obvious reason
for certain posts notified, for example, that of
Professor(Reproductive Biology) it was indicated that both
medical and non-medical candidates were eligible. Pertaining
to the medical discipline the academic qualifications
prescribed were as under:-
"I) ACADEMIC QUALIFICATIONS (FOR MEDICAL
DISCIPLINES)
A) ESSENTIAL
i) A medical qualification included in Schedule I & II
or part II of the third schedule of the Indian Medical
Council Act or 1956 (candidates possessing the
qualifications included in Part-II of the third
schedule should also fulfill the conditions specified
in section 13(3) of the Act).
ii) A postgraduate qualification e.g. MD/MS or a
recognized qualification equivalent thereto in the
discipline/subject of Anatomy, Dermatology &
Venereology, Neurology, Neuro-surgery, Urology,
Medicine, Surgery, E.N.T. Reproductive Biology and
Radio-Diagnosis.
AND/OR
D.M. for super speciality of Neurology and M.Ch for
super speciality of Neuro-Surgery and Urology or
qualification recognized equivalent thereto."
6. Academic qualifications prescribed for candidates
coming from non-medical disciplines were as under:-
"II) ACADEMIC QUALIFICATIONS (FOR NON-
MEDICAL DISCIPLINES)
A) ESSENTIAL
i) Postgraduate qualification e.g. Masters
Degree in the discipline/subject.
ii) Doctorate Degree of a recognized
University.
B) EXPERIENCE
Fourteen years teaching and/or research
experience in a recognized Institution in the subject
discipline/subject concerned after obtaining the
Doctorate Degree.
NOTE:-
1. For the post of Professor of Anatomy, the non-
medical candidates should possess Master‟s
Degree in Anatomy.
2. For the post of Professor of Reproductive
Biology, the non-medical candidates should
possess Master‟s Degree in Reproductive
Biology or Biology or Physiology."
7. It may be noted that in the advertisement after
stipulating the academic qualifications, under the caption
„General Information‟, Note-4 stated, as noted in para 4 herein
above, that the essential qualifications are relaxable at the
discretion of the selection authority.
8. The post of Professor (Reproductive Biology) was
created for the first time on account of the fact that „Ford
Foundation‟ had given a grant to the Government of India for
an Integrated Program of Research and Training in the
Physiology of Reproduction and according to the scheme
framed for utilizing the grant pertaining to the program of
Research and Training in Physiology of Reproduction the work
of various departments of the institute and in particular that of
Physiology, Obstetrics and Gynaecology, Biochemistry,
Pharmacology and Biophysics had to be co-ordinated; a
functioning envisaged vide serial No.3 of Agenda Item No.8
containing the proposal for approval by AIIMS which had to
function as the pioneering institute in the field of „Physiology of
Reproduction‟.
9. Dr.Anand Kumar, having a MBBS degree as also a
Degree in M.D. (Physiology) applied for appointment to the
post of Professor (Reproductive Biology) and also informed in
the application that he had Post Doctoral Fellowships in the
field of Pharmacology Laboratory, Cellular and Molecular
Pathology as also Human Reproduction. Dr.R.N.Sarkar also
applied and claimed to be the holder of a degree in M.Sc.
(Zoology).
10. Relevant would it be to note that for the post of
Professor (Reproductive Biology), those from medical discipline
were required to have a post-graduate degree in Reproductive
Biology but those from non-medical disciplines were required
to have a post-graduate degree in any of the three disciplines
i.e. Reproductive Biology, Biology or Physiology. Dr.Sarkar
applied on the strength of having a degree in M.Sc. (Zoology).
11. A duly constituted selection committee was
constituted and various applicants were interviewed.
Dr.Anand Kumar was selected and issued the letter of
appointment. Dr.N.N.Sarkar questioned the appointment of
Dr.Anand Kumar alleging that since Dr.Anand Kumar came
from the medical discipline, as per the advertisement in
question, the essential qualifications required by him was a
Masters‟ Degree i.e. M.D.(Reproductive Biology) and that since
Dr.Anand Kumar was an M.D.(Physiology), he did not possess
the essential qualification to be appointed as a
Professor(Reproductive Biology). Additionally, Dr.Sarkar
questioned the appointment being effected alleging that the
subject experts were not associated. Dr.Sarkar raised various
issues questioning the record pertaining to the selection of
Dr.Anand Kumar and thus, when WP(C) No.2493/2010 i.e. the
writ petition filed by Dr.Sarkar came up for hearing in this
Court before it came to be transferred to the Tribunal,
Dr.Sarkar filed CM No.5783/2001 praying that the record of the
selection committee be produced and as recorded in the order
dated 23.4.2002, the record was produced in this Court when
CM No.5783/2001 and the writ petition were listed. The record
was perused by this Court and was found to be in order. Facts
noted in the order dated 23.4.2002 establish that the
averments made by Dr.Sarkar pertaining to the infirmity in the
selection process were found to be to the contrary to the
record and thus we reproduce the order dated 23.4.2002. It
reads as under:-
"CM 5783/2001
This is an application for production of record.
Mr.Gupta says that record is with him even today and
he will produce the same as and when the same is
directed to be produced.
In view of the statement of counsel for the
respondent No.1, this application has become
infructuous.
Dismissed.
CW 2493/2000
I have heard the matter at length. Records have
been perused. The apprehension of the petitioner is
ill-founded as the experts Dr.E.Vijayan and
Dr.Jaganadha Rao both have given their respective
marks to all the candidates who were considered
including the petitioner. Even the list unanimously
recommended the name of respondent No.3.
Chairman along with seven other members have
signed the note of the Selection Committee held on
18.2.2002.
Learned counsel for the petitioner has contended
that the appointment of respondent No.3 was illegal as
respondent No.3 was not eligible to be selected in
view of the advertisement issued by the respondents
inter alia for one post of Professor in Reproductive
Biology. It has been argued before me that the
essential qualification for said post was a Post
Graduate degree i.e. M.D. in the discipline of
Reproductive Biology with 14 years teaching and/or
research experience in the subject of speciality from a
recognized institution. It is contended that in view of
the essential qualification prescribed in the
advertisement respondent No.2 could not have
selected respondent No.3 who had experience of
Physiology and degree in Physiology. In support of his
contention, learned counsel for the petitioner has cited
The District Collector & Chairman Vizianagaram (Social
Welfare Residential School Society) Vizianagaram &
Anr. Vs. M.Tripura Sundari Devi JT 1990 (2) SC 169,
A.P.S.Narang Vs. PGI 1990 (1) P&H (SLR) 716, Director
of AIIMS etc. Vs. Nikhil Tandon & Ors. JT 1996 (2) SC
473. The case of the petitioner is that he was a non-
medical candidate.
In the whole writ petition it has not been stated
as to how the discipline of the stream of Reproductive
Biology and the discipline of Physiology could not be
compatible. Counsel for the petitioner, at this stage,
prays for some time to file an additional affidavit. Let
the same be filed within four weeks. A direction is also
issued to respondent No.2 to also file an affidavit as to
how respondent No.3 who was MD in Physiology could
be considered for the post of Professor in Reproductive
Biology when the essential academic qualification was
Post Graduate degree in the discipline of Reproductive
Biology. Let the same be also filed within four weeks.
Counsel for respondent No.3 also prays for some time
to file additional affidavit in this regard. Let the same
be also filed within four weeks.
Renotify for 18.9.2002."
12. Relevant would it be to note that the final battle
fought by Dr.Sarkar with Dr.Anand Kumar got restricted to
Dr.Anand Kumar‟s eligibility with reference to essential
academic qualifications.
13. We have noted in paragraph 2 above the reasoning
of the Tribunal in favour of Dr.N.N.Sarkar and as indicated by
us we have divided paragraph 5 into 5 components by
inserting letters (a) to (e) in the paragraph.
14. With reference to what has been held by the
Tribunal under sub-head (a) suffice would it be to state that it
has surprised us that the Tribunal has commenced the journey
by recording that Dr.Anand Kumar does not possess a post-
graduate qualification or a recognized qualification equivalent
thereto in the discipline of Reproductive Biology.
15. The very debate before the Tribunal was whether
the degree of M.D.(Physiology) possessed by Dr.Anand Kumar
was to be treated at par with a degree of M.D.(Reproductive
Physiology) and indeed the stand of Dr.Anand Kumar as also
AIIMS was that the degree M.D.(Physiology) was equivalent to
the degree M.D.(Reproductive Physiology) and both had
categorically pleaded that no institute, college or university in
India awards the degree M.D.(Reproductive Physiology) and for
which we find notwithstanding the Tribunal proceeding with
the discussion as noted herein above under sub-head (a) of
para 5, it proceeded to consider the issue under sub-head (d)
and (e). But for unexplainable reasons has held that it need
not go into the question as to whether the qualifications of
Dr.Anand Kumar are such which may be a part of Reproductive
Biology.
16. But the manner in which the Tribunal has penned
its thought leaves a lurking suspicion in the mind of the reader
that the Tribunal has approached the issue with a foreclosed
mind.
17. Reason under caption (b) given by the Tribunal that
admittedly for candidates coming from the stream of medical
disciplines, no relaxation in the essential qualifications was
provided but was provided for candidates coming from the
non-medical discipline, has surprised us for the reason the
advertisement, as noted by us hereinabove in paras 4 to 6,
after listing the essential qualifications for medical as well as
non-medical candidates, under the caption „General
Information‟, has stipulated that essential qualifications are
relaxable at the discretion of the Selecting Authority. Thus,
reasoning under caption (b) given by the Tribunal are totally
absurd and a mis-reading of the advertisement. Merely
because in the advertisement the academic qualifications for
medical disciplines was given first and thereafter for non-
medical disciplines and thereafter „General Information‟ was
provided does not mean that the points listed under „General
Information‟ were limited to the non-medical category. But
this is irrelevant as it is not the case of AIIMS that it exercised
power to relax the eligibility qualifications. As per AIIMS,
Dr.Anand Kumar was a duly qualified candidate.
18. Let us revisit the advertisement pertaining to the
academic qualifications for candidate from medical disciplines
and we find the words used are: 'A post-graduate qualification
e.g. MD/MS or a recognized equivalent thereto in the
discipline/subject of Anatomy, Dermatology and Venereology,
Neurology, Neu-Surgery, Urology, Medicine, Surgery, ENT,
Reproductive Biology and Radio-Diagnosis.' The words 'a
recognized equivalent thereto' strikes the reader. We are
surprised that this has escaped the attention of the Tribunal.
Indeed, the task to be performed by the Tribunal was to
determine whether the degree M.D.(Physiology) held by
Dr.Anand Kumar was equivalent to that of M.D.(Reproductive
Biology) and indeed the order dated 23.4.2002 passed by this
Court clearly records that it is this controversy which has to be
sorted out and noting that the existing pleadings of the parties
were blurred, granted time to the parties to file affidavits to
enable the Court to determine the issue and yet in spite
thereof, we find that vide caption (d) under para 5, the
Tribunal has held that it need not go into the said issue.
19. Indeed, we find no discussion by the Tribunal on the
subject and thus we have two course of action to be adopted;
in the alternative to each. First, to remand the matter to the
Tribunal for adjudication on the issue, which was the only issue
to be decided by the Tribunal, or secondly to decide the issue
ourselves.
20. We note that the selection process was over in the
year 2000 and Dr.Sarkar had filed the writ petition in the year
2000 and it was this petition which got transferred to the
Tribunal for adjudication. 10 years have gone by and rather
than waste time of 2 senior professionals, who we feel ought to
be spending their time and energy doing productive work and
not in the corridors of Courts and Tribunals, we think we
should decide the issue ourselves.
21. We have before us the syllabus pertaining to the
M.Sc. course in Physiology as also the course leading to the
degree M.D.(Physiology). We intend to contrast the two for the
reason we find that M.Sc.(Physiology) has been prescribed as
an eligible Masters‟ Degree for non-medical candidates but for
medical candidates M.D.(Physiology) has not been specifically
listed and the issue which we need to decide is whether
M.D.(Physiology) can be treated as equivalent to
M.D.(Reproductive Biology). Now, the post in question is of
Professor(Reproductive Biology) and if a person holding a
degree in M.Sc.(Physiology) would be eligible to be appointed
as a Professor (Reproductive Biology), for purposes of
equivalence of M.D.(Physiology) and M.D.(Reproductive
Biology) it would be a relevant consideration to see the course
content of M.Sc.(Physiology) and M.D.(Physiology). The course
content shows that M.Sc.(Physiology) spans 4 semesters
sweeping 2 years and M.D.(Physiology) also spans 4 semesters
sweeping 2 years. We tabulate the course content for the 4
semesters with the left column showing the course content of
M.Sc.(Physiology) and the right column showing the course
content of M.D.(Physiology). The tabulation reads as under:-
PHYSIOLOGY - M.Sc. PHYSIOLOGY- MD
Themes and Topics (Semester I) Themes and Topics (Semester I)
(a) General & Cellular Physiology (a) General & Cellular Physiology
Cell as the living unit of the Cell as the living unit of the
body body
The internal environment The internal environment
Homeostasis Homeostasis
Control systems Control systems
Organization of a cell Organization of a cell
Physical structure of a cell Physical structure of a cell
Transport across cell Transport across cell
membranes membranes
Functional systems in the Functional systems in the
cells cells
Genetic code, its expression, Genetic code, its expression,
and regulation of gene and regulation of gene
expression expression
Cell cycle and its regulation Cell cycle and its regulation
(b) Hematology (b) Hematology
Erthocytes Erthocytes
- erythropoiesis - erythropoiesis
- structure & function of - structure & function of
RBCs RBCs
- formation of hemoglobin - formation of hemoglobin
- destruction & fate of RBCs - destruction & fate of RBCs
- anemias - anemias
- polycythemias - polycythemias
Leucocytes Leucocytes
- general characteristics - general characteristics
- genesis & life span of WBCs - genesis & life span of WBCs
- classification & functions of - classification & functions of
each type of WBC each type of WBC
- leucopenia - leucopenia
- leukemias - leukemias
Blood groups Blood groups
- classification - classification
- antigenicity - antigenicity
- agglutination - agglutination
- blood typing - blood typing
- principles of transfusion - principles of transfusion
medicine medicine
Hemostasis Hemostasis
- components of hemostasis - components of hemostasis
- mechanisms of coagulation - mechanisms of coagulation
- coagulation tests - coagulation tests
- anticoagulants - anticoagulants
Immunity Immunity
- Innate immunity - Innate immunity
- Acquired immunity - Acquired immunity
- Allergy, hypersensitivity and - Allergy, hypersensitivity and
immunodeficiency immunodeficiency
- Psychoneuroimmunology - Psychoneuroimmunology
(c) Renal Physiology & Fluid Balance (c) Renal Physiology & Fluid Balance
Body fluid compartments Body fluid compartments
Water balance; regulation of Water balance; regulation of
fluid balance fluid balance
Urine formation Urine formation
Regulation of extracellular Regulation of extracellular
sodium & osmolarity sodium & osmolarity
Renal mechanisms for the Renal mechanisms for the
control of blood volume, blood control of blood volume, blood
pressure & ionic composition pressure & ionic composition
Regulation of acid-base Regulation of acid-base
balance balance
Micturition Micturition
Diuretics Diuretics
Renal failure Renal failure
(Semester II) (Semester II)
(a) Cardio-vascular Physiology (a) Cardio-vascular Physiology
Properties of cardiac muscle Properties of cardiac muscle
Cardiac cycle Cardiac cycle
Heart as a pump Heart as a pump
Cardiac output Cardiac output
Nutrition & metabolism of Nutrition & metabolism of
heart heart
Specialized tissues of the Specialized tissues of the
heart heart
Generation & conduction of Generation & conduction of
cardiac impulse cardiac impulse
Control of excitation & Control of excitation &
conduction conduction
Electrocardiogram Electrocardiogram
Arrhythmias Arrhythmias
Principles of Hemodynamics Principles of Hemodynamics
Neurohumoral regulation of Neurohumoral regulation of
cardiovascular function cardiovascular function
Microcirculation & lymphatic Microcirculation & lymphatic
system system
Regional circulations Regional circulations
Cardiac failure Cardiac failure
Circulatory shock Circulatory shock
(b) Respiration (b) Respiration
Functional anatomy of Functional anatomy of
respiratory system respiratory system
Pulmonary ventilation Pulmonary ventilation
Alveolar ventilation Alveolar ventilation
Mechanics of respiration Mechanics of respiration
Pulmonary circulation Pulmonary circulation
Pleural fluid Pleural fluid
Lung edema Lung edema
Principles of gas exchange Principles of gas exchange
Oxygen & carbon-dioxide Oxygen & carbon-dioxide
transport transport
Regulation of respiration Regulation of respiration
Hypoxia Hypoxia
Oxygen therapy & toxicity Oxygen therapy & toxicity
Artificial respiration Artificial respiration
(c) Environmental Physiology (c) Environmental Physiology
Physiology of hot environment Physiology of hot environment
Physiology of cold Physiology of cold
environment environment
High altitude High altitude
Aviation physiology Aviation physiology
Space physiology Space physiology
Deep sea diving & hyperbaric Deep sea diving & hyperbaric
conditions conditions
(Semester III) (Semester III)
(a) Nerve & Muscle Physiology (a) Nerve & Muscle Physiology
Resting membrane potential Resting membrane potential
Action potential Action potential
Classification of nerve fibres Classification of nerve fibres
Nerve conduction Nerve conduction
Degeneration and Degeneration and
regeneration in nerves regeneration in nerves
Functional anatomy of Functional anatomy of
skeletal muscle skeletal muscle
Neuro-muscular transmission Neuro-muscular transmission
and blockers and blockers
Excitaton-contraction coupling Excitaton-contraction coupling
Mechanisms of muscle Mechanisms of muscle
contraction contraction
Smooth muscle Smooth muscle
(b) General, Sensory & Motor (b) General, Sensory & Motor
Physiology Physiology
General design of nervous General design of nervous
system system
Interneuronal communication Interneuronal communication
Classification of somatic Classification of somatic
senses senses
Sensory receptors Sensory receptors
Sensory transduction Sensory transduction
Information processing Information processing
Dorsal column & medial Dorsal column & medial
lemniscal system lemniscal system
Thalamus Thalamus
Somatosensory cortex Somatosensory cortex
Somatosensory association Somatosensory association
areas areas
Pain Pain
Organization of spinal cord for Organization of spinal cord for
motor function motor function
Reflexes & reflex arc Reflexes & reflex arc
Brain stem & cortical control Brain stem & cortical control
of motor function of motor function
Cerebellum Cerebellum
Basal ganglia Basal ganglia
Maintenance of posture and Maintenance of posture and
equilibrium equilibrium
Motor cortex Motor cortex
(c) Special senses (c) Special senses
Optics of vision Optics of vision
Receptors & neural functions Receptors & neural functions
of retina of retina
Colour vision Colour vision
Perimetry Perimetry
Visual pathways Visual pathways
Cortical visual function Cortical visual function
Functions of external and Functions of external and
middle ear middle ear
Cochlea Cochlea
Semicircular canals Semicircular canals
Auditory pathways Auditory pathways
Cortical auditory function Cortical auditory function
Deafness & hearing aids Deafness & hearing aids
Primary taste sensations Primary taste sensations
Taste buds Taste buds
Transduction & transmission Transduction & transmission
of taste signals of taste signals
Perception of taste Perception of taste
Peripheral olfactory Peripheral olfactory
mechanisms mechanisms
Olfactory pathways Olfactory pathways
Olfactory perception Olfactory perception
(d) Limbic System and Higher (d) Limbic System and Higher
Nervous system Nervous system
Autonomic nervous system Autonomic nervous system
Limbic system and Limbic system and
hypothalamus hypothalamus
EEG EEG
Sleep Sleep
Emotions & Behaviour Emotions & Behaviour
Learning & Memory Learning & Memory
Yoga Yoga
(Semester IV) (Semester IV)
(a) Nutrition & Metabolism (a) Nutrition & Metabolism
Carbohydrates Carbohydrates
Fats Fats
Proteins Proteins
Minerals Minerals
Vitamins Vitamins
Dietary fibre Dietary fibre
Recommended Dietary Recommended Dietary
Allowances Allowances
Balanced diet Balanced diet
Diet for infants, children, Diet for infants, children,
pregnant & lactating mothers, pregnant & lactating mothers,
and the elderly and the elderly
Energy metabolism Energy metabolism
Obesity & Starvation Obesity & Starvation
(b) Gastro-intestinal System (b) Gastro-intestinal System
General principles of G-1 General principles of G-1
function function
Mastication & swallowing Mastication & swallowing
Esophageal motility Esophageal motility
Salivary secretion Salivary secretion
Gastric mucosal barrier Gastric mucosal barrier
Pancreatic & billiary secretion Pancreatic & billiary secretion
Gastrointestinal motility Gastrointestinal motility
Digestion & absorption Digestion & absorption
Functions of Colon Functions of Colon
Pathophysiology of peptic Pathophysiology of peptic
ulcer and diarrheal disease ulcer and diarrheal disease
Liver functions Liver functions
(c) Endocrines & Reproduction (c) Endocrines & Reproduction
Classification of Hormones Classification of Hormones
Mechanism of Hormone action Mechanism of Hormone action
Measurement of hormones in Measurement of hormones in
Blood Blood
Endocrine functions of the Endocrine functions of the
hypothalamus hypothalamus
Pituitary Pituitary
Thyroid Thyroid
Adrenals Adrenals
The endocrine pancreas The endocrine pancreas
Pathophysiology of diabetes Pathophysiology of diabetes
Parathyroid, calcitonin, Vit D Parathyroid, calcitonin, Vit D
& calcium metabolism & calcium metabolism
Pineal gland Pineal gland
Testosterone & male sex Testosterone & male sex
hormones hormones
Spermatogenesis Spermatogenesis
Hyper & hypogonadism Hyper & hypogonadism
Menstural cycle Menstural cycle
Female sex hormones Female sex hormones
Pregnancy & Lactation Pregnancy & Lactation
Functions of Placenta Functions of Placenta
Parturition Parturition
Lactation Lactation
22. What have we discovered! Surprising! Complete
identity in the two courses. Not a word of difference.
23. If this be so, do we not have relevant material
before us to decide on equivalence?
24. „Physiology‟ is the branch of „Biology‟ concerned
with the normal functions of living organisms and their parts.
Reproduction in living organisms concerns the functions of the
reproductive parts of the living organism and thus
Reproductive Physiology is obviously covered under the
umbrella of Physiology. As noted by us above, the charter of
the program which required the post of
Professor(Reproductive Biology) to be created was the
utilization of the grant by Ford Foundation to run the program
of research and training in the Physiology of Reproduction and
the program envisages coordination of work of various
departments including those of Physiology, Obstetrics,
Gynaecology, Biochemistry, Pharmacology and Biophysics. It
is apparent that the functioning of the Professor(Reproductive
Biology) is multi disciplinary and it assumes importance that
admittedly no institute, college or university in India is
awarding a degree in M.D.(Reproductive Biology).
25. We need not note and hence do not intend to make
a catalog of decisions and suffice would it be to note only one
i.e. the decision reported as 2008 (9) SCC 284 Rajbir Singh
Dalal vs. Chaudhary Devi Lal University & Ors., which hold that
matters of opinion of experts in the field of education and in
particular whether a field of education is inter-related and
inter-changeable with the other is best left for expert opinion
and not to be a subject of forensic judicial debate.
26. It is settled law that unless an expert opinion is
shown to be founded on a fundamental erroneous premise or
it is shown that the expert has acted contrary to the accepted
norms in the field; the accepted norms being the ones
recognized by the experts in the field, judicial interference is
to be avoided.
27. We note that no mala-fides have been alleged
against anybody.
28. We note that the Selection Panel consisted of
Subject Experts and they are men of eminence. We note that
there is literature that Reproductive Biology is a very vast
subject and covers different aspects of Reproductive Science
and includes Bio-Medical Science, Bio-Chemical Science, Life
Science and Medical Science. It is for this reason we find that
for non-medical category M.Sc.(Zoology), M.Sc.(Biology) and
M.Sc.(Physiology) are specifically listed as eligible subjects.
29. We allow the writ petition and set aside the
impugned order dated 14.10.2009 passed by the Tribunal and
as a consequence we dismiss TA No.677/2009, but leave the
parties to bear their own costs.
(PRADEEP NANDRAJOG)
JUDGE
(SIDDHARTH MRIDUL)
JUDGE
December 20, 2010
mm / dk
