LI Network
Published on: January 10, 2024 at 13:00 IST
The Allahabad High Court has weighed in on the eligibility criteria for the Principal (Allopathy) position within the Department of Medical Education.
In a recent ruling, the Court deliberated on whether experience as an Additional Professor aligns with the qualifications required for a Professor’s role in Medical Colleges.
Justice Ajit Kumar, in a single bench, examined whether a candidate’s experience as an Additional Professor could be equated to that of a Professor, a prerequisite for becoming a Medical College Principal under the relevant regulations.
The judge noted, “The question here is not whether the petitioner lacked the necessary qualifications, but rather the interpretation of the qualifications possessed by the petitioner, and whether they fall within the prescribed qualifications. Given that both the Medical Council of India and the National Medical Commission interpret ‘Professor’ to include ‘Additional Professor,’ I find no reason to conclude that the petitioner did not possess the required experience as a Professor.”
The petitioner, represented by Senior Advocate Ashok Khare, faced the cancellation of their selection for the post by the Uttar Pradesh Public Service Commission due to alleged insufficient experience as per the recruitment rules.
The Commission’s criteria mandated a minimum of ten years’ teaching experience, including five years as a Professor in a recognized Medical College. The petitioner had a cumulative experience of 8 years as an Additional Professor and a Professor.
The State Government clarified that since the qualifications for both Professor and Additional Professor are similar, teaching experience in both roles should be considered collectively as that of a Professor.
In the midst of a legal challenge filed by another candidate disputing the petitioner’s provisional selection, the Court upheld the interpretation that the position of a Professor encompasses that of an Additional Professor as endorsed by both the MCI and the National Medical Commission. This ruling upheld the petitioner’s eligibility for the Professor’s role.
The High Court validated the petitioner’s selection and appointment as a Professor, finding no flaw in the selection process as per the advertisement’s terms.
Consequently, the Court dismissed the rival candidate’s petition and upheld the writ petition filed by the petitioner.
