Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose of Promotion: Himachal Pradesh High Court
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The Himachal Pradesh High Court has ruled that a postgraduate diploma cannot be considered equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja observed:
“There is no reference to a Postgraduate Diploma in the essential qualifications. Therefore, the phrase ‘after doing Post Graduation’ must be construed as ‘after doing Post Graduation Degree.’”
The petitioner, Sunil Dutt, completed his MBBS in 2006. After working for a few years, he completed his MD from Dr. Rajendra Prasad Government Medical College, Tanda, in 2024, and subsequently joined as a Medical Officer at Chamba Medical College.
He claimed that, under the Himachal Pradesh Medical Education Service Rules, 1999, 50% of Assistant Professor posts are to be filled through promotion of in-service doctors. He argued that his three years of teaching experience as a Senior Resident after completing his postgraduate diploma should be counted towards eligibility.
However, the Departmental Promotion Committee (DPC) rejected his claim and recommended another candidate. Aggrieved, Sunil Dutt filed a writ petition in the High Court.
The Court, after examining the Service Rules, noted that the minimum qualification for Assistant Professor is a postgraduate degree, and since the rules do not mention a diploma, it cannot be considered equivalent. The Court further stated that the three years of teaching experience must be after obtaining a postgraduate degree, and the petitioner’s experience as Senior Resident after his diploma but before completing his MD did not meet this requirement.
Consequently, the Court upheld the DPC’s decision, declaring the petitioner ineligible for promotion to Assistant Professor.
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