Research › Search › Judgment

Gauhati High Court · body

2025 DIGILAW 1046 (GAU)

Phari Dajangju v. State of Arunachal Pradesh

2025-06-16

KARDAK ETE

body2025
JUDGMENT : KARDAK ETE, J. Heard Mr. N. Anju, learned counsel for the petitioner. Also heard Mr. T.Tagum, learned Standing Counsel for the Health and Family Welfare Department, for respondent Nos. 1 and 2. 2. By instituting this writ petition, the petitioner has put to challenge the part of the order being No. TRIHMS/PF/53/2018/(pt) dated 27.09.2024 passed by the Commissioner (Health & Family Welfare) -cum- Chairman Executive Committee TRIHMS, Government of Arunachal Pradesh, whereby, by cancelling the selection and appointment of one Mrs. E. Sruti, as Assistant Professor, Bio- Chemistry, pursuant to the advertisement dated 15.03.2024, has directed to issue fresh advertisement for the said post of Assistant Professor, Bio-Chemistry after obtaining written clarification from the National Medical Commission (in short NMC). 3. Briefly put, the petitioner is serving as Junior Specialist under Arunachal Pradesh Health Service (APHS), at General Hospital Bomdila, West Kameng District, Arunachal Pradesh under the Health and Family Welfare Department, Govt. of Arunachal Pradesh. Prior to her joining as the Junior Specialist under the Health & Family Welfare Department in the State of Arunachal Pradesh, he had worked as Senior Resident at AIIMS, Deogarh for more than a year. 4. The Director (TRIHMS) issued an advertisement dated 15.03.2024 calling for interview for filling up of the posts of Professor, Associate Professor and Assistant Professor in different departments. The petitioner having the eligible and requisite qualification as per the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, (herein after referred to as the Regulations, 2022 in brevity) has applied for the post of Assistant Professor in Bio-chemistry. On completion of the interview, a select list was published vide dated 20.06.2024 for the post of Professor, Associate Professor and Assistant Professor of TRIHMS faculty, on the basis of the recommendation of the selection committee including the post of Assistant Professor, Biochemistry, in which one Mrs. E. Sruti and the petitioner have been selected, however, the petitioner is placed in the Waiting list No.1. 5. Having found that the respondent authorities have selected one Mrs. E. Sruti, who is not eligible to be appointed as per the Regulations, 2022, the petitioner has approached this Court by way of writ petition being WP(C) 246/2024. This Court vide order dated 25.06.2024 has directed the respondent Nos.1 and 2 not to appoint any candidate including the respondent no.3 (Mrs. E. Sruti, who is not eligible to be appointed as per the Regulations, 2022, the petitioner has approached this Court by way of writ petition being WP(C) 246/2024. This Court vide order dated 25.06.2024 has directed the respondent Nos.1 and 2 not to appoint any candidate including the respondent no.3 (Mrs. E. Sruti) as Assistant Professor, Bio-chemistry in TRIHMS pursuant to the advertisement dated 15.06.2024. 6. During the pendency of the above writ petition, vide order dated 27.09.2024, the Commissioner (Health & Family Welfare) -cum- Chairman Executive Committee TRIHMS, Government of Arunachal Pradesh, has cancelled the selection and appointment of Mrs. E. Sruti on having found that the husband of the Mrs. E. Sruti, Head of Department of Bio-Chemistry of TRIHMS, was member of the Scrutiny Board for verification of the documents and on likelihood of personal bias as well as in order to avoid the ambiguity and legal complicacy in the future recruitment process, directed to issue fresh advertisement for the post of Assistant Professor, Bio-chemistry after obtaining written clarification from the NMC. However, vide subsequent order dated 15.11.2024, the direction to issue fresh advertisement for the post of Assistant Professor, Bio-chemistry after obtaining written clarification from the NMC has been recalled and deleted. Being aggrieved of non consideration for appointment as Assistant Professor, Bio-chemistry, this present writ petition has been instituted, essentially for appointment. 7. Ms. N. Anju, learned counsel for the petitioner submits that the Regulations, 2022, issued vide notification dated 14.02.2022, by the NMC clearly provides the eligibility qualification in the medical institutions. As per the said Rules for the post of Assistant Professor for medical candidate, one must have academic qualification of MD/MS/DNB in the concerned subject with experience of one year as Senior Resident in the concerned subject in the recognized/permitted medical college after acquiring MD/MS Degree. She submits that the petitioner having been undergone and worked as a Senior Resident in the renowned AIIMS, Deoghar in the State of Jharkhand with MD, there is no dispute regarding the eligibility and education qualification of the petitioner and his selection. She submits that since one Mrs. She submits that the petitioner having been undergone and worked as a Senior Resident in the renowned AIIMS, Deoghar in the State of Jharkhand with MD, there is no dispute regarding the eligibility and education qualification of the petitioner and his selection. She submits that since one Mrs. E. Sruti whose selection and appointment has been put to challenge by the petitioner, now declared null and void and cancelled, who is having only education qualification of M.Sc (Medical Biochemistry) without Ph.D in Medical Biochemistry, as the education qualification for non-medical, for the post of Assistant Professor, Bio- chemistry, requires that a candidate must have the education qualification M.Sc (Medical Bio-chemistry) with P.hD in medical Bio-chemistry. She further submits that as per the advertisement dated 15.03.2024, the terms and conditions has been clearly provided that the eligibility criteria shall be as per the NMC. 8. Ms. N. Anju, learned counsel further submits that by now the petitioner is only aggrieved of non consideration for appointment of the petitioner in the post of Assistant Professor, Bio-chemistry in view of the cancellation of the selection and appointment of Mrs. E. Sruti, as the said Mrs. E. Sruti was illegally appointment without having the education qualification and the petitioner having been selected and placed in waiting list No.1, the respondent authorities ought to have appointed the petitioner. Therefore, she submits that a direction may be issued to the respondent authorities to appoint the petitioner as Assistant Professor, Bio-chemistry. 9. Mr. T. Tagum, learned Standing Counsel for the Health and Family Welfare Department, submits that on the allegation of the petitioner, the matter was placed before the competent authority. After consideration of the entire matter, it is found that the Scrutiny Board for verification of document was headed by one Dr. S. Nageswara Rao, who is the Head of the Department of Bio-chemistry and the husband of Mrs. E. Sruti and thus, there was a likelihood of bias in the case and the credibility of the recruitment process in respect of Assistant Professor Bio-chemistry found to be undermined and vitiated. The competent authority by considering the representation of the petitioner had cancelled the recommendation and appointment of Mrs. E. Sruti for the post of Assistant Professor, Bio-chemistry. Upon cancellation of the selection process and the appointment of Mrs. The competent authority by considering the representation of the petitioner had cancelled the recommendation and appointment of Mrs. E. Sruti for the post of Assistant Professor, Bio-chemistry. Upon cancellation of the selection process and the appointment of Mrs. E. Sruti for the post of Assistant Professor, Bio-chemistry, it has been directed to issue fresh advertisement for the said post after obtaining clarification from the NMC. Thereafter, vide subsequent order dated 15.11.2024, the direction to issue fresh advertisement for the post of Assistant Professor, Bio-chemistry after obtaining written clarification from the NMC has been recalled and deleted. Therefore, he submits that there is no cause to be agitated in this petition by the petitioner and the said post would be filled up as per the applicable regulations. 10. Mr. T. Tagum, learned Standing Counsel, having submitted above, fairly submits that since the advertisement was issued on 15.03.2024 and the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 has been published in the official gazette vide 22.02.2022, prior to the present selection process, the Regulations, 2022 shall apply. 11. Due consideration has been extended to the submissions advanced by the learned counsel for the parties and have perused the materials available on record, including the Regulations, 2022. 12. An advertisement was issued vide No. TRIHMS-67/2017(Vol-V) dated 15.03.2024 by the Director of (TRIHMS) Naharlagun, for filling up the various posts of Professor, Associate Professor and Assistant Professor for different departments including one post of Assistant Professor, Bio-chemistry. Upon conclusion of the selection process which comprises of an interview held on 03.05.2024 and 04.05.2025, the select result was published on 20.06.2024 including the post of Assistant Professor, Bio-chemistry. In the said select result list, One Mrs. E. Sruti was selected and accordingly appointed as Assistant Professor, Bio-chemistry and the petitioner was selected and placed in the waiting list no. 1. It is taken note that as per the terms and conditions of aforesaid advertisement dated 15.03.2024, the eligibility criteria shall be as per the NMC. The National Medical Council (NMC) has issued a notification dated 14.02.2022, which was published in the official gazette on 22.02.2024, the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022. Thus, the selection/ appointment of the Assistant Professor including the Assistant Professor, Bio-chemistry, would be regulated by the said Regulations, 2022. 13. The National Medical Council (NMC) has issued a notification dated 14.02.2022, which was published in the official gazette on 22.02.2024, the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022. Thus, the selection/ appointment of the Assistant Professor including the Assistant Professor, Bio-chemistry, would be regulated by the said Regulations, 2022. 13. Clause-3 provides for General norms for Appointment of Faculty in Medical Institutions, which is reproduced herein below:- Every appointing authority before making an appointment to a teaching post in a medical college or institution shall observe the following norms: 3.1 All Medical Teachers must possess a Postgraduate degree or equivalent qualification included in any one of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956) and National Medical Commission Act, 2019. They must also be registered in a State Medical Register or National Medical Register, except in the case of teachers with non-medical qualifications. 3.2 The maximum age limit up to which a person can be appointed or granted extension or reemployed in service against the posts of Teacher or Medical Superintendent or Dean or Principal or Director or, as the case may be, which are required to be filled up as per the norms of the National Medical Commission in any Medical College/ Institution for imparting Graduate and Post-Graduate medical education shall be 70 years. 3.3 In the Departments of Anatomy, Physiology and Biochemistry, non-medical graduates having M.Sc. (relevant medical) and PhD qualifications, granted by the recognized Medical College/Institute as regular on campus course in the subject concerned, can be appointed as Assistant Professors. A non-medical person cannot be appointed as Dean or Director or Principal or Medical Superintendent or Head of the Department. Provided that non-medical graduates appointed as Assistant Professors in the subjects of Anatomy, Physiology, Biochemistry, Pharmacology and Microbiology on the basis of MSc degree prior to the coming into force of Minimum Qualifications for Teachers in Medical Institution Regulations, 1998 on 05.12.1998, shall be eligible to be considered as Assistant Professors. However, PhD degree in concerned medical subject is essential for promotion to higher teaching position. Such persons shall also be eligible after their retirement to serve as faculty on the same position from which they had retired until the permissible age for serving in a Medical College. 14. Clause-6 provides that norms for Faculty Appointment and Promotion. However, PhD degree in concerned medical subject is essential for promotion to higher teaching position. Such persons shall also be eligible after their retirement to serve as faculty on the same position from which they had retired until the permissible age for serving in a Medical College. 14. Clause-6 provides that norms for Faculty Appointment and Promotion. At Table-1A, inter-alia, provides the academic qualifications MD/MS/DNB for Assistant Professor in the concerned subject with teaching and research experience of one year as Senior Resident in the concerned subject in a recognized/permitted medical college after acquiring MD/MS Degree. Table-1B provides that the Index of Broad Specialties in which Persons with non-Medical Qualifications may be appointed as Faculty (Assistant Professor and beyond) by providing that the speciality in Biochemistry with academic qualification with MSc (Medical Biochemistry) with PhD in Medical Biochemistry. 15. Bare reading of the Regulations, 2022 clearly shows that for faculty appointment, particularly- for the post of Assistant Professor, a candidate must have the academic qualification of MD/MS/DNB of the concerned subject with teaching and research experience of one year as Senior Resident in the concerned subject in a recognized/permitted medical college. It also provides that for a person with non-medical qualifications, appointment may be made as Faculty (Assistant Professor and beyond) with the speciality of Bio-chemistry having the academic qualification of MSc (Medical Biochemistry) with PhD in Medical Biochemistry. As per the above provisions of Regulation, 2022, it is admitted position that the petitioner is eligible in all respect and one Mrs. E. Sruti, who has been selected and appointed (by now cancelled the selection and appointment) was not eligible as she appears to have only the MSc. (Medical Biochemistry) without Ph.D in Medical Bio-chemistry. Thus, cancellation of the appointment of Mrs. E. Sruti appears to be in consonance with the Regulation, 2022. Whereas, the petitioner is eligible and qualified in all respects, accordingly, he has been selected and placed in the waiting list no.1. Therefore, the petitioner ought to have been considered for appointment. 16. Having considered that the selection and appointment of the Mrs. E. Sruti appears to be in consonance with the Regulation, 2022. Whereas, the petitioner is eligible and qualified in all respects, accordingly, he has been selected and placed in the waiting list no.1. Therefore, the petitioner ought to have been considered for appointment. 16. Having considered that the selection and appointment of the Mrs. E Sruti and the direction for issuance of fresh advertisement after obtaining clarification from the NMC for filling up of the post of Assistant Professor, Bio-chemistry having been already recalled and deleted as well as in view of the discussion made herein above, I am of the considered view that the respondent authorities are deserved to be directed to consider the case of the petitioner for appointment as Assistant Professor, Bio-chemistry in TRIHMS. Accordingly, the respondent authorities are directed to consider the case of the petitioner for appointment as Assistant Professor, Bio-chemistry in TRIHMS, pursuant to the advertisement dated 15.03.2024 and consequential select list dated 20.06.2024 as the petitioner has already been selected and placed in the waiting list No.1. 17. Writ petition stands allowed, in terms above. Cost(s) made easy.