Challa Jaya Bhaskar & Ors vs Thungathurthi Surender & Ors

4. The Appellants and the Respondents are members of the Medical and Health Department in the State of Andhra Pradesh. The Appellants herein were promoted to the post of Associate Professors and Professors by virtue of an order passed by the Tribunal, which was approved by the High Court and thereby attained finality. The present dispute concerns the methodology which has been adopted by the State Government for determining the seniority of those who were functioning as Civil Assistant Surgeons and, thereafter, opted for teaching and were appointed as Assistant Professors, which was the feeder post for further promotion to the post of Associate Professors and Professors in the Medical Services.

6. As early as in 1976, the Government of Andhra Pradesh felt the need for separation of the teaching cadre in medical education. Accordingly, G.O.M. No.1170 dated 16th December, 1976, was issued separating the teaching cadre from the non-teaching cadre and issuing executive instructions to implement the same. This was also felt to be necessary on account of the advice of the Medical 5 Council of India, which otherwise threatened to de-recognize the medical certificates which had been granted to the students. Accordingly, the Special Rules were issued as mentioned hereinabove, by G.O.M. No.43 dated 16th January, 1982.

9. It is the case of the Appellants that the teaching cadre constitutes a separate category for the purpose of appointment, seniority and promotion. It consists of an administrative post in Category I, such as Additional Director of Medical and Health Services and non-administrative post in Category II, such as Professors, Clinical and Non- clinical. According to the Appellants, the feeder 10 category for the post of Professor is Deputy Civil Surgeon, since re-designated as Associate Professor, and in case Associate Professors were not available, Assistant Professors belonging to Category VII. The minimum qualification for appointment to the cadre of Assistant Professor is a Post-Graduate degree. The Appellants when they were appointed as Assistant Professors already had a Post-Graduate qualification and in view of the existing practice, those Civil Assistant Surgeons, who had Post-Graduate qualification were selected and appointed as Assistant Professors. It is the further case of the Appellants that they had all been appointed as Assistant Professors on various dates ranging between 1982 and 1995. It is during this period only that some of the Civil Assistant Surgeons, who did not have Post-Graduate qualification, got admission in the Post-Graduate 11 classes and completed their Post-Graduate courses during the years 1989 to 1995. The Appellants have mentioned that many of these CAS were students of the Appellants in the Post-Graduate degree course. After acquiring the Post-Graduate degree, the said Respondents became qualified and eligible to be appointed as Assistant Professors. Accordingly, they were appointed as Assistant Professors on different dates between 1989 and 1995.

25. The Appeals and the Writ Petition No.566 of 2003, must, therefore, succeed and are allowed. The judgments and orders of the Andhra Pradesh 28 Administrative Tribunal dated 10th March, 1998 in O.A. No.3599 of 1995 are, therefore, set aside along with G.O.Ms. No.502 dated 13th September, 2003, and G.O.Ms. No.325 dated 15th June, 1999, is restored together with all consequences arising therefrom.

26. In the circumstances of the case, the parties will bear their own costs.