Dr K Ganesha Prasad vs State Of Karnataka on 10 March, 2020

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Karnataka High Court

Dr K Ganesha Prasad vs State Of Karnataka on 10 March, 2020

Bench: G.Narendar

                                           WP 5577/2014
                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF MARCH, 2020

                        BEFORE

          THE HON'BLE MR.JUSTICE G.NARENDAR

                W.P.NO.5577/2014 (S-PRO)

BETWEEN:

DR. K.GANESHA PRASAD,
AGED ABOUT 37 YEARS,
S/O K.G.THIMMAPPAYYA,
WORKING AS ASSISTANT PROFESSOR/
LECTURER, DEPARTMENT OF ANATOMY,
SHIMOGA INSTITUTE OF MEDICAL
SCIENCES, SHIMOGA - 577 201,
& RESIDING AT 'MATHRUSHREE
NILAYA', 4TH CROSS,
OPP. SAMUDHA BHAVAN,
HOSMANE, SHIMOGA - 577 201.      ... PETITIONER

(BY SMT. SUVARNA.M.L., ADV. FOR
    SRI K.N.PUTTEGOWDA, ADV.)

AND:

1.     STATE OF KARNATAKA,
       BY ITS PRINCIPAL SECRETARY
       TO GOVERNMENT,
       DEPARTMENT OF MEDICAL
       EDUCATION, VIDHANA SOUDHA,
       BANGALORE - 560 001.

2.     SHIMOGA INSTITUTE OF
       MEDICAL SCIENCES,
       SAGAR ROAD,
       SHIMOGA - 577 201,
       REPRESENTED BY ITS
       DIRECTOR.                     ... RESPONDENTS
                                             WP 5577/2014
                            2


(BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
    SRI S.B.TOTAD, ADV. FOR R-2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESOPNDENTS TO PROMOTE/DESIGNATE/UPGRADE
THE POST OF THE PETITIONER FROM THAT OF LECTURER
TO ASSISTANT PROFESSOR WITH EFFECT FROM 7.2.2010
AND    GRANT    NON-PRACTICING     ALLOWANCE,    POST
GRADUATE ALLOWANCE AND INCREMENTS THAT THE
PETITIONER IS ENTITLED TO ON SUCH REDESIGNATION/
PROMOTION/UPGRADATION AS ASSISTANT PROFESSOR &
ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                         ORDER

1. Heard the learned Counsel for the petitioner and the learned Counsel for respondent no.2.

2. Petitioner is presently functioning as a Lecturer in the Department of Anatomy in respondent no.2-Medical College and Institute. That the petitioner acquired Post- Graduate Degree in Medical Anatomy in the year 2006 and in the year 2010, he has also completed his M.S. in Counselling and Psychotherapy.

WP 5577/2014

3. That the petitioner was appointed as a Lecturer in the Department of Anatomy in respondent No.2-Institute with effect from 08.02.2007. That on 06.06.2007, he made a representation requesting to re-designate his post to that of Assistant Professor. The said claim was made on the basis of his Master's Degree in Medical Anatomy.

4. It is the case of the petitioner that the post of Lecturers came to be re-designated by the Medical Council of India (for short, 'MCI') and was made equivalent to that of Assistant Professor. That despite the re-designation of posts by the MCI and the consequent representations made by the petitioner, the post held by the petitioner has not been re-designated to that of Assistant Professor.

5. Per contra, learned Counsel for respondent no.2 would submit that the petitioner does not possess the necessary qualification as stipulated by the MCI.

6. Learned Counsel for the petitioner would invite the attention of the Court to Annexure-R to contend that M.S. (Anatomy) is one of the academic qualifications stipulated WP 5577/2014 4 by the MCI and that there is no dispute with regard to the fact that the petitioner has secured the Master's Degree from a recognized Institute and that he also possesses the requisite three years teaching experience as stipulated under the communication dated 25.01.2011.

7. On perusal of Annexure-R, it is seen that MCI has issued a clarification with regard to the qualifications that are required to be possessed by the candidates aspiring to discharge the duties as Assistant Professors. The academic qualifications stipulated are as under:

Posts Academic Qualification Teaching/Research Experience Assistant M.S. (Anatomy)/ i) Requisite Professor/ M.D. (Anatomy)/ recognized Lecturer MBBS with M.Sc. postgraduate (Anatomy)/ qualification in the M.Sc. (Med. Anatomy) subject.

with Ph.D. (Med.

             Anatomy)/                    ii) Three years
             M.Sc. (Med. Anatomy)         teaching
             with D.Sc. (Med.             experience in the
             Anatomy)                     subject in a
                                          recognized medical
                                          college as
                                          Resident/
                                          Registrar/
                                          Demonstrator/
                                          Tutor.
                                                   WP 5577/2014
                                5

8. From the petitioner's own pleading, the petitioner possesses post-graduate qualification in M.Sc. (Anatomy) alone. The academic qualification as stipulated by the MCI is M.Sc. (Medical Anatomy) with Ph.D. (Medical Anatomy) or M.Sc. (Medical Anatomy) with D.Sc. (Medical Anatomy).

M.Sc. (Medical Anatomy) by itself has not been stipulated as the criteria enabling the candidate to be appointed as Assistant Professor. Thus, it is apparent that the petitioner does not possess the requisite academic qualification.

9. In that view of the matter, the relief sought for by the petitioner is misconceived. Accordingly, petition stands dismissed.

Sd/-

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