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State Of Bihar And Another vs Ramesh Chandra And Another on 20 March, 1997 cites

Government Of Andhra Pradesh & Another, ... vs Dr. R. Murali Babu Rao & Anr., Etc on 9 March, 1988

(1) SCC 192 and distinguished the decision of this Court in the case of State of Andhra Pradesh vs. Dr. R. Murali Babu Rao 1988 (3) SCR 173. It also held that though the qualifications for the posts of Associate Professor and Professor are the same and the appointment of Dr. Chaudhary on the post of Associate Professor was not under challenge, the respondent was entitled to challenge the eligibility of Dr. Chaudhary for the post of Professor.
Supreme Court of India Cites 7 - Cited by 28 - A P Sen - Full Document

A.N. Shashtri vs State Of Punjab & Ors on 11 December, 1987

The High Court distinguished the decision of this Court in A.N. Shastri vs. State of Punjab 1988 (2) SCR 363, on the ground that the facts in that case were different. Finally, the High Court quashed the impugned decision of the Government dated November 18, 1992 in so far as it treated the appointments of the respondent and Dr. Chaudhary as Associate Professor as ad hoc only. It also quashed the decision to appoint Dr. Chaudhary as Professor in Neurosurgery and directed the State Government to consider the matter of promotion to the post of Professor in Neurosurgery afresh.
Supreme Court of India Cites 2 - Cited by 25 - M Rangnath - Full Document

Dr. Arun Kumar Agrawal And Ors. Etc vs State Of Bihar And Ors on 26 April, 1991

Relying upon the decision of this Court in Dr. Ganga Prasad Verma's case (supra) it was contended by Mr. Ranjeet Kumar, learned counsel for the respondent, that for promotion on the post of Professor or Associate Professor the qualification of M.Ch. in the speciality concerned after M.S./F.R.C.S. is a must. In that case Dr. Ganga Prasad Verma, an Assistant Professor, was promoted as Associate Professor in Neurosurgery on 17.9.1993. Prior to that date Dr. Basant Kumar Singh had filed a writ petition claiming that he was entitled for promotion as Associate Professor in Neurosurgery. As Dr. Verma was appointed as Professor during the pendency of the petition, it was amended and the promotion of Dr. Verma was also challenged. The High Court allowed the writ petition, set aside the promotion of Dr. Verma and directed the Government to consider of this Court in Arun Kumar Agarwal (Dr.) vs. State of Bihar, 1991 Supp. (1) SCC 287. The question which arose for consideration was whether the High Court was right in giving the said direction. As Dr. Verma did not possess the degree of M.Ch. this Court held that the High Court was right in giving such a direction. It was contended on behalf of Dr. Verma that the qualification of M.Ch. was not a condition precedent for promotion to the post of Associate Professor from the post of Assistant Professor and as he had put in more than 25 years' experience as Assistant Professor in the speciality concerned, he was entitled to be considered for promotion as Associate Professor. It appears that the point that 'M.S./F.R.C.S. or M.S. or F.R.C.S. or a qualification equivalent in Surgery with two years' special training in the speciality concerned', is an alternative academic qualification, was not specifically raised, though such an interpretation was suggested on behalf of Dr. Verma. Therefor, this Court considered only the first qualification, namely, M.Ch. in speciality concerned after M.S./F.R.C.S.' and held that promotion to the post of Professor or Associate Professor, the qualification of M.Ch. in speciality concerned after M.S./F.R.C.S. is a must. We are of the opinion that if that qualification was considered as a must for appointment as Professor or Associate Professor then the relevant regulation would not have contained the qualification in surgery with two years' special training in the speciality concerned' as qualification for the post of Professor or Associate Professor also. A plain reading of the regulation indicates that it is an alternative qualification for being appointed as Professor or Associate Professor. For such appointment the person should have either of these qualifications. If the said regulation is interpreted otherwise and it is held that M.Ch. in speciality concerned after M.S./F.R.C.S. is a must before a person can be appointed as Professor or Associate that would make the latter part of the prescribed academic qualification redundant. M.Ch. is no doubt a higher degree than M.S. and, therefore, in respect of a person who is not M.Ch. and has only the M.S. degree it is further necessary that he should have two years' special training in the concerned speciality to make him eligible for appointment as Professor or Associate Professor. These aspects were not gone into by this Court while deciding the case of Dr. Ganga Prasad Verma as it had not become necessary to decide whether M.S. with two years' `special training' in the speciality concerned was an alternative qualification or not.
Supreme Court of India Cites 1 - Cited by 34 - N M Kasliwal - Full Document
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