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The entire controversy is due to the failure of the State Government to give the benefit of the teaching experience gained by Assistant Professors after they obtained their post-graduate degree in MD/ MRCP in Medicine under cl. (b) of column 5 in serial no. 17 of Annexure II. In the proceedings before the Tribunal, the State Government in the counter revealed that there was correspondence between the Directorate of Medical & Health Department with Secretary to the Medical & Health Department since the year 1981 for deletion of the alternate qualification prescribed in cl. (b) of column 5 in serial no. 17 of Annexure II, namely MD/MRCP in Medicine, as amended from A time to time, for all teaching appointments in the super specialities, as per the recommendations of the Medical Council of India. On the recommendation of the Directorate, it was said that the State Government had decided to delete the alternate qualification prescribed in r. 5 of the Rules for eligibility to the higher post of Professor in a super speciality, and had sent a draft amendment to the Special Rules for concurrence to the Andhra Pradesh Public Service Commission and the same was awaited. The recommendations of the Indian Medical Council had not by then i.e. till the hearing before the Tribunal, been translated into action. The judgment of the Tribunal however reveals that the alternate qualification in cl. (b) of column 5 in serial no. 17 of Annexure II i.e. MD/MRCP in Medicine with two years training in Cardiology stood deleted w.e.f. 12th December, 1983. On the crucial date however i.e. On 1st July, 1983, when the impugned panel was prepared, the alternate qualification in cl. (b) was still there.

The contention on behalf of the State Government and the other appellants before us, as was before the Tribunal, is that the rules made under the proviso to Art. 309 of the Constitution, are subject to the recommendations made by the Medical Council of India which is invested with statutory power under s. 19A of the Indian Medical Council Act, 1956 insofar as they relate to coordination and determination of standards for medical education and in particular to prescription of qualifications for appointment to teaching posts in higher specialities. It is said that the directions of the Council, as conveyed by the Secretary by his letter dated 26th April, 1976 were mandatory, notwithstanding any provision to the contrary contained in the Andhra Pradesh Medical & Health Service Special Rules, 1982 and must therefore prevail and were binding on the Government. The Government duly considered the claims of the respondents aforesaid and came to the decision that they were ineligible for promotion to the post of Professor of Cardiology inasmuch as they did not possess the requisite five years teaching experience in the speciality concerned after obtaining their post-graduation qualification within the meaning of r. 5 of the Rules i.e. second post-graduation degree in DM (Cardiology). The further contention is that, at any rate the alternate qualification in cl. (b) of column 5 in serial no. 17 of Annexure II, namely, MD/MRCP in Medicine with two years training in Cardiology, having been deleted by GOMS No. 789, Medical & Health Department, dated 12th December, 1983, it was not necessary for the Government to comply with the direction made by the Tribunal to draw up a panel of the eligible candidates afresh under r. 8 of the Rules. The contention, in the alternative, was that the Tribunal failed to appreciate that the teaching experience gained by Assistant Professors of Cardiology before obtaining the second post- graduate degree in the speciality concerned. i.e. after the post-graduate degree in MD/MRCP in Medicine, could not be taken into consideration inasmuch as under r.9(2) preference has to be given to persons who possess the qualifications specified in cl. (a) over those who possess the qualifications specified in cl. (b) for the post of Professor belonging to the speciality specified therein and therefore it was not justified in quashing the panel prepared by the State Government under r. 8. We are afraid, these contentions cannot prevail.

(a) and (b) of column 5 in serial no 17 of Annexure II, namely, (a) DM (Cardiology) (b) MD/MRCP in Medicine with two years training in Cardiology. On the crucial date 1st July, 1983, cl. (b) was very much there and the Government was bound to consider the claims of the aforesaid respondents like other officers belonging to that class before drawing up a panel under r. 8. There is no warrant for the submission that since under r. 9(2) an Assistant Professor with the requisite five years teaching experience after obtaining his second post-graduate degree in DM (Cardiology) would have preferential claim over those having qualification mentioned in cl. (b) i.e. MD/ MRCP in Medicine with two years training in Cardiology, the State Government was entitled to ignore the claims of the latter class altogether. On its plain construction, r. 9(2) is a rule of preference and has therefore to be applied at the stage of making appointments to the post of Professor of Cardiology and not while drawing up a panel under r. 8. The Government was obviously misled by the wrongful assumption (i) that since the alternate qualification in cl. (b) of column 5 in serial no. 17 of Annexure II had been deleted by GOMS No. 789 dated 12th December, 1983, it was not necessary for it to consider the claims of the aforesaid respondents and others similarly situate in drawing up a list of eligible Assistant Professors of Cardiology to fill up the promotional post of Professor of Cardiology, and (ii) that such A officers were rendered ineligible by reason of r. 9(2) and therefore their claims need not be considered. The Tribunal was therefore justified, in our opinion, in quashing the impugned panel prepared by the State Government under r. 8 of the Rules and in directing the Government to prepare a penal afresh after considering the claims of all Assistant Professors of Cardiology with five years teaching experience after their post-graduation in MD/MRCP in medicine with two years training in Cardiology.

Another outstanding personality whose name comes to our mind is that of Dr.P.N. Laha, MD, Double MRCP (Lond.), Emeritus Professor of Medicine, Medical College, Gwalior who has taught many of the leading Cardiologists in the country. A delightful, vivacious, passionate physician, he stimulates everyone with whom he comes contact and he has placed an indelible stamp on the medical events of his days. His many illuminating articles on different branches of Cardiology appear in the authoritative text-book 'Prineiples of Medicine', edited by Dr. Rustom J. Vakil who, along with Dr. (Col.) K.K. Datey, were two of the foremost Cardiologists in the country. Two of the physicians who attained great eminence in the field of Cardiology were the late Dr. Sujoy B. Roy, Head of the Department of Cardiology, All India Institute of Medical Sciences, New Delhi and the late Dr. K.L. Wig, Professor of Medicine, Director, Post Graduate Institute of Medical Eduction and Research, Chandigarh and later Director, All India Institute of Medical Sciences, New Delhi in their time. Other equally eminent Cardiologists who have brought honour to the country are Dr. P.C. Dhanda, MD/MRCP, Head of the Department of Medicine, Maulana Azad Medical College, New Delhi, Dr. (Lt. Col.) K.L. Chopra, Professor of Cardiology, Medical College, Poona. Advisor to the Armed Forces, Head of the Cardiology Department, Mool Chand Khairati Ram Hospital, President Heart Care Foundation, Dr. Padmavati, Professor & Head of the Cardiology Department, G.B. Pant Hospital, President, All India Heart Foundation, Dr. M.L. Bhatia, Head of the Cardiology Department, All India Institute of Medical Sciences, Dr. R.K. Caroli, Professor of Cardiology and Head of the Cardiology Department, Dr. Ram Manohar Lohia Hospital, Dr. S.C. Manchanda, Professor of Cardiology, All India Institute of Medical Sciences, Dr. B.K. Goyal, Visiting Professor of Cardiology in different Medical Colleges in Bombay, Dr. (Lt. Col.) K. K. Malhotra, eminent Physician and Senior Specialist and Consultant (Cardiology), Dr. Ram Manohar Lohia Hospital, Dr. P.D. Nigam, Professor of Cardiology and Head of the Department, Dr. Ram Manohar Lohia Hospital, Dr. M. Khalilullah, Director, G.B. Pant Hospital, Dr. N.S. Dixit, Head of the Cardiology Department, Batra Hospital, Dr. K. Banerji, MD, Professor of Medicine, Medical college, Jodhpur, Dr. C.E. Bhandari, Professor of Medicine, Medical College, Jabalpur, Dr. V.G. Nivasarkar, Professor of Medicine, Medical College, Gwalior, Dr. R.K. Sen, Sr. Consultant, B.L. Kapur Hospital, New Delhi, a well-known Physician and Cardiologist, Dr. S.K. Minocha, MD. Sr. Physician & Cardiologist, Dr. Ram Manohar Lohia Hospital etc. We would be surprised if many of these renowned Cardiologists who are MD, MRCP (Lond.) are not examiners for DM (Cardiology). Indeed, many of their students after doing their MD in Medicine and after their post-graduation go for further studies for the second post-graduation in DM (Cardiology) under their direction.