Delhi High Court - Orders
Dr. Kanika Jain vs All India Institute Of Medical Sciences ... on 12 February, 2019
Author: Vipin Sanghi
Bench: Vipin Sanghi, A. K. Chawla
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9354/2018 and C.M. No. 36266/2018
DR. KANIKA JAIN ..... Petitioner
Through: Mr. Sahil Munjal & Ms. Rhea Gandhi
Munjal, Advocates along with
petitioner in person.
versus
ALL INDIA INSTITUTE OF MEDICAL SCIENCES
& ORS ..... Respondents
Through: Mr. V.S.R. Krishna, Advocate for
respondents No.1, 7 & 8.
Mr. T. Singhdev, Ms. Puja Sarkar,
Mr. Tarun Verma, Ms. Michelle B.
Das & Mr. Abhijit Chakravarty,
Advocates for respondent No.2/ MCI.
Mr. Kirtiman Singh & Mr. Waize Ali
Noor, Advocates for respondent No.3/
NBE.
Mr. Arvind Nigam, Senior Advocate
along with Ms. Anupama Bansal,
Advocate for respondents No.4, 5 &
6.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE A. K. CHAWLA
ORDER
% 12.02.2019 C.M. No. 46810/2018
1. We have heard learned counsels at substantial length to consider the aspect of interim stay granted by this Court.
2. The Tribunal has allowed the Original Application preferred by the respondents No.4, 5 & 6 before this Court, and consequently, set aside the appointment of the petitioner herein as Assistant Professor of Hospital Administration. The crux of the dispute lies in the interpretation of the Recruitment Rules for the post of Assistant Professor of Hospital Administration. The All India Institute of Medical Sciences (AIIMS), apparently, filed their counter-affidavit at the initial stage supporting the appointment of the petitioner herein. Subsequently, that stands was changed. The Medical Council of India (MCI) was a party to the proceedings before the Tribunal and the stand taken by the MCI is in support of the original applicants. Thus, according to the stand of the MCI, the petitioner was not qualified to be appointed as Assistant Professor of Hospital Administration. The matter revolves around the interpretation of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 framed for the post of Assistant Professor/ Lecturer under the heading "Hospital Administration". The teaching/ research experience prescribed for the said post reads as follows:
"(i) For the candidates possessing MD/MS Degree from M.C.I. recognized medical college.
Three years teaching experience in the subject as Resident/Registrar/ Demonstrator/Tutor in a recognized medical college either during the post-graduation course or after obtaining postgraduate degree in the subject.
(ii) Equivalence of qualification of DNB (broad specialties) with MD/MS & DNB (super-specialties) with DM/M.Ch.
(a) Those candidates who have undergone DNB training in an institution which now run MCI recognized postgraduate degree courses in a given subject, their DNB qualifications shall be considered at par with MCI recognized qualifications that subject only.
(b) Those candidates who have undergone DNB training in a multi specialty teaching hospital with atleast 500 beds, involved in various postgraduate/ super-specialty teaching programmes provided that the one out of three DNB supervisors (teachers) qualify as postgraduate teacher as per MCI norms in their previous appointment; and one out of remaining two should qualify as postgraduate teacher as per MCI regulations with the following bed requirement for teaching unit:
Postgraduate broad specialties:
30 beds per unit: 50% beds should be teaching Postgraduate super specialties: beds. 20 beds per unit:
Such qualifications shall be considered at par with MCI recognized qualification.
(iii) Additional training of one year for equivalence of qualification of DNB (broad Specialties) with MD/MS & DNB (super-specialties) with DM/M.Ch.
Those candidates who have undergone DNB training (both broad specialties and super-specialties) in hospital/ institution other than mentioned in (ii) above, shall undergo one additional year of senior residency or equivalent training or research job in a MCI recognized hospital/ institution, provided such qualifications are notified in the Postgraduate Medical Education Regulations 2000".
(iv) For the candidates possessing DNB Qualification from Centers other than of MCI recognized medical colleges/central institutes.
Three years teaching experience in the subject either during the DNB course or after possessing DNB qualification. The concerned candidate would require two years additional teaching experience as Sr. Resident/Research Associate (CSIR) in a MCI recognized medical college/central institute.
For the candidates obtaining DNB qualification from centers other than MCI recognized medical colleges/central institutes, the concerned candidate should have minimum two publications (accepted/published) in the index journal (national/international as first/second author). In case, the concerned candidate does not have the required publication, he/she must have a total of three years teaching experience in a recognized medical college/central institute after possessing DNB qualification.
The requisite experience for equating a Consultant or Specialist (after possessing Postgraduate medical degree in the subject) working in the concern specialty in a minimum 300 bedded ESI Hospitals as Assistant Professor shall be minimum 6 years. Such Consultant or Specialist after joining medical College shall be designate as "Assistant Professor"."
3. According to the MCI and the AIIMS as well as the private respondents, the case of the petitioner - who holds a DNB from Sir Ganga Ram Hospital, falls in clause (iii) above. On the other hand, the case of the petitioner is that her case falls in clause (ii)(b).
4. Prima-facie, it appears to us that the stand taken by the MCI, the AIIMS and the private respondents is more weighty considering the fact that it was not specifically pleaded by the petitioner before the Tribunal that her case is covered by clause (ii)(b); and that each of the requirements of the said clause (b) are met in her case. Therefore, it appears to us that the finding returned by the Tribunal may be sound. Since we are not disposing of the petition at this stage, we vacate the interim order passed by this Court on 04.10.2018.
5. The petitioner has apparently acquired the requisite experience now since she claims that she has acquired experience of four years in terms of clause (iii) aforesaid. It is also submitted on her behalf that there are several vacancies for the post in question at AIIMS - for which the recruitment process has not been undertaken. We are informed that the said vacancies are in the process of being filled. Apparently, the petitioner did not apply in respect of the said vacancies before the cut-off date due to the fact that this Court's interim order was in operation protecting the interest of the petitioner.
6. In the peculiar facts & circumstances and without forming it a precedent, we permit the petitioner to make her application for the said post and we direct the AIIMS to entertain the petitioner's application since the recruitment process is still underway and has not yet attained finality. The petitioner shall make her application within the next two days. If so made, the same shall be considered.
7. The application stands disposed of.
W.P.(C) 9354/2018 and C.M. No. 36266/2018
8. List on 25.09.2019.
9. Order dasti under the signatures of the Court Master.
VIPIN SANGHI, J A. K. CHAWLA, J FEBRUARY 12, 2019 B.S. Rohella