STATE OF BIHAR AND ANR. versus RAMESH CHANDRA AND ANR. ETC.

STATE OF BIHAR AND ANR. versus RAMESH CHANDRA AND ANR. ETC.

The qualifications prescribed for Professor and Associate Professor in Neurosurgery under Indian Medical Council Regulations, 1971 are identical. Quashing the appointment of the appellant as Professor on the ground of lacking the requisite qualifications was incorrect, as appointment as Associate Professor implies possession of those qualifications. The regulations are recommendatory, not mandatory, and M.Ch. degree is an alternative, not exclusive, requirement.

Parties
Appellant: State of Bihar; Appellant/respondent: Dr. Chaudhary; Respondent: Dr. Ramesh Chandra
Jurisdiction
India
Judgment Date
20 March 1997
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; judgment and order of High Court set aside; respondent's writ petition dismissed
Legal Topics
Qualifications for Professor and Associate Professor in Neurosurgery, Validity of Appointment Under Indian Medical Council Act and Regulations, Status and Force of Indian Medical Council Regulations
Service Law Medical Education Qualifications for Professor and Associate Professor in Neurosurgery Validity of Appointment Under Indian Medical Council Act and Regulations Status and Force of Indian Medical Council Regulations

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Parties

State of Bihar

Appellant

Dr. Chaudhary

Appellant/respondent

Dr. Ramesh Chandra

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the qualifications prescribed for Professor and Associate Professor in Neurosurgery under Indian Medical Council Regulations, 1971 are the same and whether quashing the appointment of the appellant as Professor for lack of qualification was correct
  2. 2 Whether the degree of M.Ch. after M.S./F.R.C.S. is an alternative or mandatory qualification for appointment
  3. 3 Whether Indian Medical Council Regulations, 1971 have statutory force or are only recommendatory

Ratio Decidendi

The qualifications prescribed for Professor and Associate Professor in Neurosurgery under Indian Medical Council Regulations, 1971 are identical. Quashing the appointment of the appellant as Professor on the ground of lacking the requisite qualifications was incorrect, as appointment as Associate Professor implies possession of those qualifications. The regulations are recommendatory, not mandatory, and M.Ch. degree is an alternative, not exclusive, requirement.

Court Disposition

Appeal allowed; judgment and order of High Court set aside; respondent's writ petition dismissed

Orders

  • State Government directed to consider respondent's case for appointment as Professor on the post which had fallen vacant, in view of interim relief granted on 14.7.95 and 24.11.95