1994 (11) TMI 434

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.... the appellant came to be made. Therefore, the writ petition was amended questioning the promotion of the appellant The High Court in the impugned order dated January 12, 1994 in CWJC No. 2832/93 allowed me writ petition, set aside the promotion of the appellant and directed the respondent to consider the matter afresh in the light of the judgment of this court in Dr. Arun Kumar Agrawal v. State of Bihar, [1991] 2 SCR491. Thus this appeal by special leave.   The controversy lies in a short compass. Admittedly, the appellant is not possessed of the qualification prescribed for super-speciality, namely, M.Ch. Admittedly, both the appellant and respondent No. 7 had the qualification as M.S. -General Surgery. In addition, 7th respondent....

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....not a condition precedent for promotion to the post of Associate Professor from the post of Assistant professor Since the appellant had put in more than 15 years experience as an Assistant Professor and also in the speciality concerned in the Neuro Surgery, he is entitled to be considered and the High Court was not right in directing to consider the case in the light of the judgment of this Court in Arun Kumar Agrawal's case. He strongly relied upon the judgment of this Court in Government of Andhra Pradesh arid Anr. etc. v. Dr. R. Murali Babu Rao and Anr. etc., [1988] 3 SCR 173. Where the language of the Act is clear and explicit, the Court must give effect to it, whatever may be the consequences, for in that case the words of the s....

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.... from helping the appellant is consistent with the regulation framed by the Medical Council of India under Section 33 that degree is speciality is a must. No doubt, this Court had held therein that the regulations framed by the Medical Council of India are only directory and would give place to the statutory rules made under proviso to Article 309 of the Constitution by the Governor. The regulations made by the Medical Council of India does not have any over-riding effect on the statutory rules. Rule 5 prescribed 5 years' teaching experience after DM which was upheld. In this case, admittedly, no statutory rules have been made by the State of Bihar. Therefore, the regulations made by the Medical Council bf India under Section 33 would b....