Central Administrative Tribunal - Bangalore
Dr E Chandrashekar E vs Employees State Insurance Corporation ... on 10 April, 2023
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OA.No.33/2022/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00033/2022
Order Reserved on: 16.02.2023
Date of Order: 10.04.2023
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Dr. Chandrashekar. E,
Age: 42 years
S/o Eregowda. K,
Working as Specialist Grade-I/ Assistant Professor,
Dept. of Anaesthesiology,
At ESIC Model Hospital- PGIMSR
Rajajinagar, Bangalore-560 010. ..Applicant.
(By Advocate Smt Akkamahadevi Hiremath)
Vs.
1.Union of India
Ministry of Labour and Employment,
Government of India,
Nirmal Bhavan, New Delhi-110 011,
Represented by its Secretary,
2. Employees State Insurance Corporation,
Hqrs. Office, Panchadeep Bhavan,
C.I.G Marg, New Delhi-110 002.
Represented by its Director General.
3. The Employees State Insurance Corporation
Model Hospital & PGIMSR, Rajajinagar,
Bangalore-560 010,
Represented by its Dean. ....Respondents
(By Shri N. Amaresh, Sr. Panel Counsel)
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ORDER
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
a) To quash the Notification bearing No.532/A/12/CONT.TF/2020 dated 03.01.2022 for recruitment (Walk-in-Interview) on 19.1.2022 for one post of Associate Professor in the Department of Anaesthesiology, in the ESIC Medical College & PGIMSR and Mode Hospital, Rajajinagar Bangalore (On contractual basis for a period of one year), which has been issued by the 3rd Respondent-Dean at item No.2, Sl.No.3.
b) To declare that the Applicant is entitled to be considered as an Associate Professor from the date he become eligible, vide his application dated 26.3.2018 requesting to be designated/promoted as an Associate Professor of Anaesthesiology.
c) Grant any such relief as deemed fit in the facts and circumstances of the case and in the interest of justice.
2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:
a) The Applicant is a Specialist in M.D. (Anesthesia) and has joined the Employees State Insurance Hospital Rajajinagar, Bangalore as Junior Specialist-Grade II on 0.08.2009 after completion of his MD Anesthesia from JJM College at Davanagere.3
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b) Subsequently in view of the establishment of the PG College, the 2nd Respondent issued an Office Order No 286 of 2009 dated 11.12.2009 designating him as the Specialist- Cum-Assistant Professor, (Annexure A2). The name of the Applicant is shown at SI No 2 of the list of those designated as Asst. Professors. The 3rd Respondent has been submitting Teacher Profile to the National Medical Commission (Erstwhile Medical Council of India) every year. The applicant was promoted as Junior Specialist Grade-I vide Office Order No.120 of 2016 dated 09.12.2016.
c) The 2nd Respondent established model hospital in Rajajinagar, Bangalore among others, in the country, in which the medical colleges were started by the Corporation. The Post Graduate Degree courses were started in the PGMSIR, Rajajinagar, Bangalore from 2009-2010 and the UG courses started from 2012-2013 academic year.
d) The services of the Applicant came to be re-designated by the 2nd Respondent into the Medical College as teaching faculty by virtue of the office order dated 11.12.2009. The Applicant submitted a representation to re-designate him as the Associate Professor on 26.3.2018. The Applicant submitted another representation on 25.2.2021 to re-designate him as Associate Professor and also enclosed the publications which is a prerequisite for the appointment as Associate Professor.
e) Further acting on the Rationalisation Order dated 13.5.2020, two Specialists out of five were retained in the Anaesthesia Department. 4
OA.No.33/2022/CAT/Bangalore Bench The Applicant is one of the 2 who was retained and, therefore, his need in the medical college is an established fact.
f) One Dr J C Panchasheelan was appointed as General Duty Medical Officer in the State ESI and was absorbed along with the Applicant herein with the 2nd Respondent Corporation in 2006. However, he was re-designated as Asst. Professor from 2009, and later designated as Associate Professor from 2013. However, despite having filled up the only post of Associate Professor, the Respondents issued a fresh notification calling for recruitment to the said post. The said Dr Panchasheelan approached this Tribunal in OA No 588/2014 and the OA came to be allowed on 9.9.2015. This Tribunal directed the Respondents to designate Dr Panchasheelan as Associate professor and grant him equivalent benefits.
g) The 2nd Respondent approached the Hon'ble High Court of Karnataka in WP NO 16384/2016. The Hon'ble High Court dismissed the Writ Petition vide judgement dated 31.1.2017, and confirmed the said Order. The challenge to the order of the Hon'ble High Court by the Respondents before the Hon'ble Supreme Court in SLP (C) 27781/2017 was also dismissed on 22.9.2017.
h) The Gurugobind Singh Indraprastha University, New Delhi, vide its letter dated 01.09.2015 also invited applications from doctors working in ESI Medical College, New Delhi, under its jurisdiction, for up- gradation/equated designation in accordance with the amended MCI 5 OA.No.33/2022/CAT/Bangalore Bench TEQ Regulations, and similarly situated ESI doctors were granted designations to the teaching post which they were entitled to.
i) The only post of Associate Professor is vacant now, the Respondents are not considering the Applicant for the said post deliberately, for extraneous reasons.
j) The Employees State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and the subsequent Regulations of 2015 which superseded the former, both, stipulate that the Associate Professor's post is to be filled up by promotion, and only if that is not possible then by recruitment. The Respondents have designated several Specialists for the post of Assistant Professor and Associate Professors posts. The copies of the office orders issued in favour of many Specialists who were designated as Associate Professor are collectively produced as Annexure-A12.
k) This Tribunal, in OA No 245 of 2020 on 19.5.2020 granted interim order of stay for the Walk-in-interview, directing the Respondents to keep one post vacant till disposal of the matter. The copy of the interim order is produced as Annexure -A13.
l) Notification bearing No F.No.532/A/12/CONT.TF/2020 dated 03.01.2022 for Recruitment (Walk-in-Interview) on 18.01.2022 for One post of Associate Professor, in the Department of Anaesthesiology, in the ESIC Medical College & PGIMSR and Model Hospital, Rajajinagar Bangalore (On Contractual Basis for a period of 6 OA.No.33/2022/CAT/Bangalore Bench One Year), has been issued by the 3rd Respondent-Dean. The Respondent No.3 fixed the date of Walk in-interview on 19.01.2022. The Respondent No.3 seems to be in tearing hurry to finish the process, in order to render the Application dated 26.03.2018 and 25.02.2021 filed by the Applicant as redundant.
m) The Employees State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 mandates that the Associate Professor's post is to be filled up by promotion, and only if that is not possible then by recruitment. Hence, the impugned notification for direct recruitment for the said post is liable to be quashed.
3. The respondents have filed their written statement wherein they averred as follows:
a) The designation of the applicant, as "Specialist-cum-Assistant Professor" is applicable only at present place of posting and such designation will stand withdrawn on transfer to other ESI Hospital. The Applicant has been transferred from ESIC MC PGIMSR & Model Hospital, Rajajinagar to ESIC Hospital, Rudrapur as per ESIC Hqrs.
Office Order No.195 of 2021 dated 07.10.2021. He has been relieved from ESIC MC PGIMSR & Model Hospital, Rajajinagar w.e.f. 08.10.2021. Hence, the additional task of him as teaching faculty, and designating the Applicant as Specialist-cum-Assistant Professor stands automatically withdrawn on his transfer to ESIC Hospital Rudrapur. Being well aware of these facts, the applicant is intentionally trying to 7 OA.No.33/2022/CAT/Bangalore Bench stall his impending transfer order and thus, jeopardizing the medical services of the organization.
b) The contention of the applicant to the extent that non-teaching doctors working in this hospital were designated as Teaching Faculty to incentivize them with higher status is incorrect.
c) At the time of inception of the Medical College at Rajajinagar, service of Teaching Faculty was required as per MCI norms and for the same, ESIC as a part of its good HR practice, tried to accommodate its in- house eligible doctors by designating them in Teaching Faculty based upon their willingness to perform Teaching duties as an "additional duty" to their existing duties of their parent cadre. Such action was indeed a "stop-gap/initial arrangement" for that time being, as regular recruitment procedure would have taken much time. In later phases, designation/ re-designation occurred as per requirement and administrative feasibility. The contention of the Applicant is incorrect to the extent that non-teaching doctors working in this hospital were designated as Teaching Faculty to incentivize them with higher status and to minimize the costs of appointing Teaching Faculty.
d) The request of Medical Officers (Non-teaching) for their designation as Teaching Faculty is considered only when Applicant meets the MCI norms and is administratively feasible. This is subsequently ratified by MCI as well. Possessing working experience of prescribed number of years and getting prescribed number of research papers published as per procedures are personal traits/affairs of any doctor. Mere fulfilling 8 OA.No.33/2022/CAT/Bangalore Bench the eligibility criteria for their designation as teaching faculty cannot be considered as a sole ground for their confirmed designation or matter of right and it has to match with the administrative requirements.
e) The Applicant is a Group 'A' Medical Officer in the Specialist (Non-
Teaching) cadre, having All India Transfer Liability. He was designated as Specialist cum Assistant Professor, vide Office Order No: 286 of 2009 dated 11.12.2009 (Annexure-A2). The paras 1-4 of this order, specified the following conditions while granting them this designation:
(i) "The designation of these specialists as "Specialist-cum-
Assistant Professor" will be effective from the date of assuming charge. They will continue to perform existing duties of specialists assigned to them. In addition, they will perform the duties of teaching faculty as Assistant Professor.
(ii) They will continue to draw the existing pay scale and allowances and no additional remuneration will be payable to them on account of such designation.
(iii) They can be assigned any additional duty by the Competent Authority.
(iv) The above-mentioned designation as Specialist-cum Assistant Professor is applicable only at present place of posting and such designation will stand withdrawn on transfer to other ESI Hospital. "
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f) Their re-designation is not a permanent one and the same will stand withdrawn once they are transferred out from the ESIC MC PGIMSR & Model Hospital, Rajajinagar. Such designation/ re-designation is a matter of choice on the part of the willing Officials and also, as per administrative feasibility and requirement. Hence, such action does not have any contradiction with the Organization's transfer policy. If required, these Medical Officials are bound to be posted anywhere in India and once that occurs, their designation/ re-designation will be inadmissible as the same is strictly "institution-specific".
g) ESIC never barred the Applicants to apply for a teaching job, if they fulfil the eligibility criteria. But, being recruited in the cadre of "Specialist Gr-II (non-teaching)", his promotional channel has to be guided under extant recruitment regulations of "Specialist (non- teaching)" cadre itself and having additional duty of teaching faculty as a designated Assistant Professor cannot pave the way out for the Applicant to get lateral entry to the post of regular Associate Professor (teaching) in the respondent corporation.
h) The Applicant has no right to get promoted to the post of Associate Professor as it does not fall in the cadre structure in which the Applicant is appointed. In case Applicant is interested and eligible for appointment to the teaching post, he/she can participate in the direct recruitment process.
i) The Applicant was aware that he/she is joining services in a non-
teaching cadre and has to be governed by the same set of rules. In case 10 OA.No.33/2022/CAT/Bangalore Bench Applicant is interested in his/her career advancement in teaching profession, he/she is free to participate in open selection procedure for direct recruitment of teaching faculty (subject to fulfilment of eligibility criteria) but he/she has no right to press the organization for a backdoor entry in the teaching cadre.
4. In the rejoinder to the reply, the applicant has pleaded as follows:
a) The Applicant makes it clear that the process of re-designation was initiated by the Corporation to utilize the qualification of the Applicants, and at no point of time were suomoto requests made by the Applicants, nor did the process start with the Applicants. In fact, it is the Respondents, who have, from time to time invited the eligible Doctors employed by it in different non-teaching posts and cadres to come forward and obtain re-designation in the teaching cadre and only thereupon the Applicants and other similarly situated doctors have responded. This was due to the dire need of the Respondent itself, and in fact the law was tailor made by the Medical Council of India (MCI) for the purpose of the Respondent-ESIC itself, so that it could utilize its in-house Doctors i.e. Specialists, Consultants, etc.
b) The Applicant has been performing the duties of Assistant Professor almost since the inception of the College and in fact without the applicant's services, the respondents would have not only failed to get permission to start the Medical College, but also not get permanent recognition five years later.11
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5. Heard learned counsels for the parties and perused the pleadings made by them.
6. In the present case, the applicant is seeking consideration for designation/promotion to the post of Associate Professor of Anesthesia from the date of him becoming eligible for the said post. He has also sought for quashing of the notification dated 03.1.2022, through which the post of Associate Professor (Anesthesia) in the ESIC & PGIMSR Medical College, Rajajinagar, Bangalore was advertised to be filled up on contractual basis through a "walk in interview".
7. During the course of hearing in the matter, this Tribunal vide its orders dated 24.01.2022 held that any appointment made to the post of Associate Professor (Anesthesia) pursuant to advertisement dated 3.1.2022 shall abide by the decision of this Tribunal.
8. It is an admitted fact that the applicant was initially appointed as a Junior Specialist Gr-II on 3.8.2009. The cadre of Specialist (Non-Teaching) in ESIC is governed under Regulations called the Employees State Insurance Corporation (Specialist Cadre Post) Recruitment Regulations, 2010. Under these rules, the persons who are initially appointed as Specialist Gr.-II (Junior Scale) are eligible for promotion as Specialist Gr.-II (Senior Scale) (Level-12), Specialist Grade I (Level-13) and Specialist (Sr. Administrative Grade -SAG) Level-14.
9. The applicant is currently working as Specialist Gr. I. He belongs to the Specialist (Non-teaching) cadre of doctors in the ESIC. 12
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10. The PGME Regulations, 2000 were amended by Post-Graduate Medical Education (Amendment) Regulations, 2005 with effect from 16th March, 2005. Under this, clause (d) to Regulation 11.1 was added by way of amendment. The Clause (d) to Regulation 11.1 reads as under:-
"(d) Consultants or specialists who have the experience of working for a period of not less than 18 years and 10 years in the teaching and other general departments in the institution or hospitals, not attached to any medical college, where with the affiliation from any university, postgraduate teaching is being imparted as contemplated under sub-regulation (1A) of regulation 8, shall respectively be eligible to be equated as Professor and Associate Professor in the department concerned. The requisite experience for equating a consultant or specialist working in the super-speciality department of the said institution or hospitals as Professor and Associate Professor shall respectively be 16 years and 8 years. Consultants or Specialists having postgraduate degree qualification, working in such an institution or hospital, who do not have the said period of experience, shall be eligible to be equated as Assistant Professor in the department concerned."
11. A proviso to the clause was added by notification dated 17th November, 2009 and the same reads as under :-
"Provided that such conferment of the nomenclature of designation/status of post graduate medical teachers shall be awarded only to those many number of consultants in the concerned hospital/institution so as to fulfil the minimum requirement for imparting Post Graduate Medical education to the sanctioned annual intake of the respective Govt. hospital/institute."
12. These PGME regulations allowing conferment of equivalent designations to the Consultants or Specialists, having postgraduate degree qualifications as 13 OA.No.33/2022/CAT/Bangalore Bench Assistant Professor/ Associate Professor/Professor as the case may be, were provided in order to meet the urgent requirement of requisite number of Assistant Professors/Associate Professors/Professors in various existing postgraduate institutions which would have otherwise faced de-recognition or closure on account of lack of adequate number of teaching staff.
13. The respondents (ESIC) called for applications from various eligible Specialists for such consideration to be appointed as "Specialists-cum- Assistant Professor" under the PGME regulations in order to meet the urgent need of faculty to teach students in the ESIC Medical colleges. The applicant also applied for the same and was designated as Specialist-cum-Assistant Professor w.e.f. 2009.
14. The conditions prescribed by the respondents in the order designating the applicant as a Specialist-cum- Assistant Professor, clearly stated as follows:
i. The designation of these specialists as "Specialist-cum-Assistant Professor" will be effective from the date of assuming charge. They will continue to perform existing duties of specialists assigned to them. In addition, they will perform the duties of teaching faculty as Assistant Professor.
ii. They will continue to draw the existing pay scale and allowances and no additional remuneration will be payable to them on account of such designation.
iii. They can be assigned any additional duty by the Competent Authority.14
OA.No.33/2022/CAT/Bangalore Bench iv. The above-mentioned designation as Specialist-cum Assistant Professor is applicable only at present place of posting and such designation will stand withdrawn on transfer to other ESI Hospital.
15. These conditions clearly indicate that this order granting designation of Specialist cum Assistant professor to the applicant did not imply any change of cadre of the applicant from the cadre of Specialist to the cadre of a Teaching Faculty in the ESIC.
16. The Teaching faculty in the ESIC is governed under its own Recruitment Regulations titled ESIC (Medical Teaching Faculty Post) Recruitment Regulations, 2015. A perusal of these regulations, governing the teaching posts, indicates that the teaching cadre in ESIC consists of the following Posts: Assistant Professor, Level-11, Associate Professor, Level-12, Professor, Level-13 and Director Professor, Level-14.
17. Hence, the posts in Teaching Cadre in the ESIC are distinct and different from the posts in the Specialist Cadre. There is no provision under these regulations for any person to hold the post in both the cadres simultaneously. A person can either belong to the Specialist cadre or to the Teaching cadre. There is also no provision for lateral movement from one cadre to another cadre in these rules. Appointment to any post, is governed only by the Recruitment Regulations pertaining to the concerned cadre.
18. The Post Graduate Medical Education (Amendment) Regulations, (PGME) 2005 under which some of the Specialist working in Specialist cadre were 15 OA.No.33/2022/CAT/Bangalore Bench allowed to have a joint designation of Specialist-cum-Assistant Professor is only a special regulation. It has been clearly stated that these special provisions are only to meet the temporary shortages if any, in the teaching cadre of a teaching institution and cannot be a ground to claim a lateral entry from the Specialist cadre to the Teaching cadre.
19. The issue of designation of Consultants and Specialists, as Assistant Professors/Associate Professors/ Professors was examined in detail by The Division Bench of the Hon'ble Delhi High Court in W.P.(C) No.7049/2005 Faculty Association Maulana Azad Medical College Vs. UOI & Ors. In this case, the Delhi High Court, in a detailed order held as follows:
(i) Clause (d) to Regulation 11.1 of the PGME Regulations, 2000 treats Consultants or Specialists having the requisite experience not attached to medical colleges but post-
graduate institutions covered by Sub- Regulation 1A to Regulation 8 as Professors, Associate Professors and Assistant Professors. The petitioners are unable to establish and show that clause (d) to Regulation 11.1 is illegal or bad in law. On the other hand, the respondents have been able to show and establish the reason and cause why the aforesaid clause was enacted by the MCI. The object and purpose were to allow and permit post-graduate courses already in existence should not close down and stop pursuant to the promulgation of PGME Regulations, 2000.
(ii) Clause (d) of Regulation 11.1 of the PGME Regulations, 2000 is not in conflict with the CHS Rules in any manner. The teaching and non-teaching cadres remain distinct and separate. Consultants and Specialists in the non-teaching sub-cadre continue to remain members of the said cadre 16 OA.No.33/2022/CAT/Bangalore Bench and are not entitled to occupy posts meant exclusively for the teaching sub-cadre. The PGME Regulations, 2000 and CHS Rules operate in different fields and the equivalence granted for the purpose of the PGME Regulations, 2000 would not affect members of the teaching sub-cadres as it does not amount to transfer or change in sub-cadres.
(iii) Clause (d) to Regulation 11.1 of the PGME Regulations, 2000 does not postulate one-time exception and there can be subsequent designations as long as there is a shortage of Professors, Associate Professors or Assistant Professors belonging to the teaching sub- cadres.
(iv) Designations for the purpose of clause (d) to Regulation 11.1 of the PGME Regulations, 2000 can be only awarded to Consultants and Specialists who fulfil the minimum requirement for imparting post-graduate medical education to the sanctioned annual intake in the respective government institutions/ hospitals and cannot exceed the said numbers. Violation of the proviso and the question whether there are excessive designations has not been raised and argued before us. The petitioners have stated that this is not a subject matter of the present writ petition and has been raised in other writ petition pending in the High Court. We have, therefore, not examined the factual matrix and the question whether there has been a violation of the proviso to Regulation 11.1(d) of the PGME Regulations, 2000.
20. The Division Bench of the Delhi High Court has, therefore, categorically held that the teaching and non-teaching cadres remain distinct and separate. Consultants and Specialists in the non-teaching sub-cadre continue to 17 OA.No.33/2022/CAT/Bangalore Bench remain members of the said cadre and are not entitled to occupy posts meant exclusively for the teaching sub-cadre. The PGME Regulations, 2000 and CGS Rules operate in different fields and the equivalence granted for the purpose of the PGME Regulations, 2000 would not affect members of the teaching sub-cadres as it does not amount to transfer or change in sub- cadres. It has also been held that this designation is only to meet the immediate requirements due to shortage/non availability of teaching faculty.
21. These observations relating to specialists (Non-Teaching) and Teaching cadre being distinct without any provision of lateral shift between cadres, would imply that the competent authority cannot be prevented to initiate steps to fill the existing vacancies if any in the teaching cadre at any point of time, on the ground of a suitable specialist (non-teaching) being available for teaching duties in addition to his/her existing duties as a specialist.
22. The applicant, in the present case, is challenging the initiation of the process of recruitment for the teaching post of Associate Professor on contract basis initiated by the ESIC through a walk-in-interview, on the ground that he is eligible to be considered for designation as Specialist cum Associate Professor.
23. A perusal of the regulations governing the recruitment for the post of Associate Professor in the ESIC (Medical Teaching Faculty Posts) Recruitment Regulations, 2015, indicate that the post of Associate Professor can be filled up by promotion from the post of Assistant Professor, failing which by direct recruitment or by transfer on deputation or absorption or by short-term contract. In case of recruitment by contract or deputation, the 18 OA.No.33/2022/CAT/Bangalore Bench candidate must fulfil the essential qualifications as prescribed. For the purpose of promotion, an Assistant Professor with 5 years regular service in the grade of Assistant Professor is eligible for consideration subject to MCI norms and satisfactory completion of mandatory training.
24. In this case, the ESIC has apparently opted to fill up the available post of Associate Professor by appointment through short-term contract for one year as provided for under the recruitment rules, instead of the other prescribed options such as direct recruitment or transfer on deputation etc. They can certainly initiate this mode of appointment since it is provided for under the recruitment rules. However, if the post is a permanent post and there is no suitable person available for appointment on promotion basis, then it would certainly be desirable on the part of the respondents to fill up the post on a permanent basis through direct recruitment as provided for under the rules, instead of opting for short term contract. However, since appointment through short term contract is one of the permitted modes under the recruitment rules, there cannot be any legal bar on the respondents going ahead with this mode of appointment.
25. The applicant cannot claim any right to be appointed to the post of Associate Professor by virtue of being a member of the specialist cadre. He is governed by his own recruitment regulations which do not provide for any lateral shift. He, therefore has no locus standi to challenge the filling up of the available post of Associate Professor through any of the mechanisms prescribed under the Recruitment Rules for the post of Associate Professor. He would, of course, be free to apply for consideration for the post provided it is 19 OA.No.33/2022/CAT/Bangalore Bench advertised for being filled up through direct recruitment or transfer on deputation etc. under the recruitment rules.
26. The applicant is not a regular Assistant Professor appointed under the ESIC (Medical Teaching Faculty Posts) Recruitment Regulations, 2015. Hence, he is ineligible to be considered for appointment on promotion as Associate Professor under these rules.
27. The applicant has referred to the judgement in the case of Dr. J.C Panchasheelan passed by the Karnataka High Court in WP No: 16384/2016 dated 31st January 2016. However, a perusal of that judgement indicates that in that case, the High Court had proceeded on the presumption the he had been appointed as an Assistant Professor by the ESIC. The provisions under PGME 2000 regulations which provided for only designation of Specialists and Consultants as Assistant Professor, as a special case to tide over the immediate shortage of teaching faculty, were never discussed or examined in these judgements. The facts of that case appear to be different and it cannot be used as a binding precedent for the present case.
28. As far as the request of the applicant for grant of designation of Specialist-
cum-Associate Professor under PGME Regulation 2000 is concerned, clause 11.1 (d), permits granting of the designation of Associate Professor to a Specialist or Consultant who has experience in working for a period not less than 10 years in a teaching department in the hospital in Medical College where post-graduate teaching is being imparted as contemplated under sub-regulation (IA) to Regulation 8.
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29. The applicant apparently has the requisite experience of more than 10 years in the specialist cadre and could therefore be eligible for such a consideration under the PGME Regulations 2000. This would of course be subject to other administrative considerations such as the need to meet the immediate requirement of teacher in the requisite discipline at the level of Associate Professor till such times as a regular Associate Professor is appointed. However, mere grant of designation of Specialist-cum-Associate Professor would not entitle the applicant to claim any lateral entry into the post of Associate Professor. He also cannot challenge the process initiated by the respondents to fill up the available post of Associate professor under the provisions of the recruitment rules applicable to the post.
30. Keeping the above points in view, the OA is partly allowed with the following directions:
a) The respondents are free to initiate and complete the process of filling up the vacancy of Associate Professor (Anesthesia), if any, in the ESIC & PGIMSR Medical College, Rajajinagar, Bangalore as per the existing provisions contained in ESIC (Medical Teaching Faculty Post) Recruitment Regulations, 2015 as amended from time to time.
b) The representations of the applicant seeking for his designation as Specialist cum Associate Professor in Anesthesia as prescribed under clause 11.1 (d) of PGME Regulation 2000, may be considered by the respondents keeping in view the administrative exigencies including existing vacancies, if any, as well as his eligibility in terms of 21 OA.No.33/2022/CAT/Bangalore Bench experience and educational qualifications as prescribed under the clause 11.1 (d) of PGME Regulations 2000.
31. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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