Post Graduate Diploma Not Equivalent To Degree For Eligibility As Assistant Professor: Himachal Pradesh High Court
The High Court held that teaching experience gained after completing a Post Graduate Diploma cannot be considered equivalent to experience required after a Post Graduate Degree for eligibility to the post of Assistant Professor in Medical Colleges.
Justice Vivek Singh Thakur, Justice Sushil Kukreja, Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a petition filed by a medical officer who challenged his ineligibility for promotion to the post of Assistant Professor, holding that the statutory service rules prescribe a Post Graduate Degree or its equivalent qualification and not a Diploma as an essential requirement, and that the teaching experience must be acquired after obtaining such a degree.
The Court was hearing a writ petition filed by a doctor who, after completing MBBS, served in various medical positions and later pursued a Post Graduate Diploma in Anaesthesiology, subsequently serving as a Senior Resident for more than three years before completing his MD in Anaesthesiology in 2024.
A Bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja, while dismissing the petition, observed: “Bare reading of the provisions includes that prescribed essential qualification is Post Graduation Degree or its equivalent qualification with condition that such candidate must possesses 3 years teaching experience after doing Post Graduation. The word ‘after doing Post Graduation’ relates to the minimum essential qualification, i.e. Post Graduation Degree in concerned speciality or its equivalent.”
Advocate Chandernarayan Singh represented the petitioner, while Anup Rattan, Advocate General represented the respondents.
Background
The petitioner, a medical doctor, contended that the expression “after doing Post Graduation” under the Himachal Pradesh Medical Education Service Rules, 1999, should be interpreted to include teaching experience acquired after completing a Post Graduate Diploma as well. He relied on the Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (as amended in 2020), and the Himachal Pradesh Resident Doctor Policy of 2021, which recognised as Senior Residents individuals who had completed either a Post Graduate Degree or Diploma.
He further placed reliance on the Supreme Court’s decision in Manish Sharma v. Director, Department of Medical Education and Research, wherein the issue of the equivalence of a Post Graduate Diploma with a Degree was left open to be decided by the competent authority.
The respondents, however, maintained that the rules clearly require a 'Post Graduate Degree' or its equivalent, and that three years of teaching experience must follow the completion of such a degree.
The Departmental Promotion Committee (DPC) had rejected his claim for promotion to the post of Assistant Professor on the grounds that his teaching experience had been gained before completing the Post Graduate Degree.
Court’s Observations
The Himachal Pradesh High Court observed that the service rules must be read as a whole, and the term “after doing Post Graduation” could not be stretched to include a diploma.
On examining the terms of Himachal Pradesh Medical Education Service Rules, 1999, the Court held that candidates must possess 3 years teaching experience after doing Post Graduation and that the term ‘after doing Post Graduation’ relates to the minimum essential qualification, i.e. Post Graduation Degree in the concerned speciality or its equivalent.
The Court further noted that there was no reference to “Post Graduate Diploma” in the relevant provisions of the service rules. If the intention was to include diplomas, the Bench observed, it would have been specifically mentioned.
Addressing the reliance placed on the Manish Sharma case, the Court clarified that the Supreme Court had not equated a Post Graduate Diploma with a Degree but had only directed the competent authority to decide the issue. Since there was no decision equating the two, the petitioner could not claim eligibility on this basis.
The Court concluded that the Departmental Promotion Committee had rightly rejected the petitioner’s claim for promotion.
Conclusion
Holding that the petitioner did not fulfil the essential qualification of possessing three years’ teaching experience after obtaining a Post Graduate Degree, the Court dismissed the writ petition.
Cause Title: Dr Sunil Dutt v. The State OF Himachal Pradesh And Others (Neutral Citation: 2025:HHC:33225)
Appearances
Petitioner: Advocates Chandernarayan Singh and Dr Nidhi Singh.
Respondents: Balram Shrama, Deputy Solicitor General of India, Anup Rattan, Advocate General, Raj Negi, Deputy Advocate General, with Advocate Vikrant Thakur, Advocate Rajeev Sharma.