Ex officio teaching service counts toward eligibility when service rules require experience in the capacity of a teaching post.

Service rules requiring experience "as" a teaching post were construed to mean actual experience gained in that capacity, not only service in a regular substantive appointment. Teaching experience acquired by a Specialist in a teaching hospital in an ex officio role was held countable because the doctor was in fact engaged in teaching undergraduate and postgraduate students, and the rules did not expressly exclude such service. The exclusion of that experience was therefore unlawful, and the appellant was declared eligible to be considered for appointment as Associate Professor and for the Professorship vacancy.

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Issues: Whether teaching experience gained by a Specialist in a teaching hospital in an ex officio capacity could be counted for eligibility to be considered for appointment as Associate Professor or Professor under the Central Health Service rules.

Analysis: The relevant rules did not say that teaching experience must be gained only on a regular substantive teaching appointment. The expression "as" in the provisions prescribing experience as Reader, Assistant Professor or Associate Professor was construed to mean experience in the capacity of that post. The Court also distinguished teaching hospitals from non-teaching hospitals and held that where a Specialist in a teaching hospital was in fact used for teaching undergraduate and postgraduate students, the experience could not be ignored merely because the teaching designation was ex officio. The rules were read broadly so as not to create injustice by excluding real teaching experience actually acquired in that setting.

Conclusion: The appellant's teaching experience in the ex officio capacity counted toward eligibility, and he was entitled to be considered for appointment as Associate Professor of Radiotherapy and for consideration for the Professorship vacancy.

Final Conclusion: The exclusion of the appellant's ex officio teaching experience was unlawful, the adverse administrative decision was quashed, and the Court declared his eligibility for consideration under the service rules.

Ratio Decidendi: Where service rules prescribe experience "as" a teaching post, the requirement is satisfied by actual experience gained in the capacity of that post, including ex officio teaching service in a teaching hospital, unless the rules expressly exclude such experience.

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