Case: COL. IVS GAHLOT Vs. UNION OF INDIA

t was commissioned in the army in Armed Forces Medical Services (AFMC) on 06.04.1984, received his promotion to the rank of Colonel with effect from 01.01.2007. On 15.11.2011 thewas considered for promotion to the rank of Brigadier by Promotion Board (Medical) but could not be selected for promotion. Appellant had filed a statutory complaint against the non-promotion by the Board. The competent authority duly examined the statutory complaint and by decision dated 08.04.2013 granted partial redress by expunsion of the entire assessment of the SRO in CR 2010. On 19.06.2013,was considered for promotion by Review Promotion Board (Medical) but could not be selected. Being aggrieved by non-promotion,3. The O.A. has been dismissed by the Armed Forces Tribunal vide judgment dated 20.07.2015 aggrieved by said judgment this appeal has been filed.2. Thecase before the Tribunal was that in his consideration for promotion he was denied marks for Ph.D. degree in Anthropology (Science) awarded to him by Berhampur University in 1998. He further questions non granting of any mark for his Post Graduate training qualification obtained from G.S.V.M. Medical College, Kanpur and further no marks were awarded on his Master degree in Personnel Management in 2005 obtained from Pune University. The Tribunal although accepted the claim of grant of mark for Master degree in Personnel Management but rejected the claim of thefor grant of any mark for Ph.D. degree as well as Post Graduate training in Pediatrics.

Court's reasoning:
8. In the present case, we are concerned with paragraphs 11, 12 and last line of paragraph 18. Paragraph 11 deals with allocation of marks on differentAt the outset, we may consider the submission raised by thethat since the policycontemplated that the policy will be reviewed after five years, there was no occasion for the review of the policy after two years only. There cannot be any dispute that it is the authority of the employer to frame promotion policy for promotion of its officers and employees. When an employer has power to frame policy it has inherent power to change the policy from time to time. This Court in Hardev SinghUnion of India and(2011) 10 SCC 121 laid down that it is always open to an employer to change its policy in relation to giving promotion to the employees. The above case was also a case of promotion of officers of Indian Army.14. The stipulation in the policy dated 14.01.2004 that policy will be reviewed after five years was in no manner a fetter on right of the Government to review the policy as and when occasion arose. There was no statutory restriction on the Government from reviewing the policy even before five years. We fully approve the view of the Tribunal that the policy dated 14.01.2004 could have rightly been amended in the year 2006.15. Furthermore, the earlier policy was issued on 14.01.2004 and in accordance with theit could have been reviewed only after five years. Admittedly thecame for consideration by the Promotion Board on 15.11.2011 i.e. much after five years from the issue of the policy on 14.01.2004. At the time whenwas considered the amendment dated 22.05.2006 was in force. An officer has to be considered in accordance with the policy as prevalent at the time of his consideration. Hence, we do not find any error in consideration of the claim of theas per the amended policy dated 22.05.2006.16. Now, we come to the claim of theon the basis of Ph.D. degree obtained from Berhampur University in Anthropology (Science). Berhampur University like any other university as per University Grants Commission Act, 1956 was fully competent to institute any degree including Ph.D. degree. In the policy which was issued on 14.01.2004, on any Ph.D. degree a candidate was eligible for grant of three marks. Amendment made by Order dated 22.05.2006 the eligibility has been restricted to "Doctor ofrecognised by Medical Council of India". No exception can be taken to the amendment by which only those Ph.D. degrees are eligible for one mark which are recognised by Medical Council of India. There is a rational for restricting the award of marks only on those Ph.D. degrees which are recognised by the Medical Council of India. Medical Council of India recognises medical degrees awarded by different universities and institutions under the Medical Council of India Act, 1956. The Promotion Policy dated 22.05.2006 is for promoting officers belonging to Armed Forces Medical Services (AFMS), hence restricting the award of marks to those Ph.D., which have been recognised by Medical Council of India has object and purpose.Section 11 of the Act refers to the First Schedule. The heading of the First Schedule is "recognized medical qualifications granted by universities or medical institutions in India". The First Schedule contains list of various universities or medical institutions of India which contains a column "recognised medical qualifications". Berhampur University is also one of the universities mentioned in the Schedule. The perusal of Schedule A indicates that although various medical degrees have been mentioned in the column "recognised medical qualifications" but qualification of Ph.D. inis not included in the recognised medical qualifications for Berhampur11 of the Medical Council of India Act, 1956, as noticed above, provides for recognition of medical qualifications granted by universities or medical institutions in India in First Schedule to the Act contains list of universities and medical institutions. Berhampur University is also one of the universities, which finds place in the First Schedule. Various medical courses of Berhampur University find place in the First Schedule but there is no mention of any Ph.D. degree. The list of recognised medical courses of Berhampur University is asn foror ofor of) Master of) Master of) Doctor) Master of) Master of) Doctors and) DoctorMedical College,shall be a recognisedshall be arecognized medical qualificationd by Berhampur Universityt of theMedical College,shall be amedical qualificationd by Berhampur UniversityMedical College,. Whereas with regard to various medical institutions like All India Institute of Medicalee Chitra Thirunal Institute for Medical Science and Technology, Thiruvananthapura, there are mention of various Ph.D. courses. It is useful to refer to relevant extract from First Schedule with regard to the few Ph.D. courses recognised in All India Institute of Medicalee Chitra Thirunal Institute for Medical Science and Technology, Thiruvananthapura, which are asn forAll India Institute of Medical) Doctor) Doctore Chitra Thirunal Institute for Medical Science and Technology, Thiruvananthapura) Doctor2. There being Ph.D. degree courses recognized for medical institutions in the First Schedule of the Medical Council of India Act, 1956, we cannot find any fault in the restriction imposed by policy dated 22.05.2006 restricting award of marks only to the Ph.D. degrees recognized by Medical Council of India. Coming to the letter dated 15.12.2017 which in turn refers to the letter dated 07.12.2017 of Medical Council of India, the letter mentions that recognition of Ph.D. degree does not come under the purview of Medical Council of India. The Medical Council of India in its First Schedule recognizes medical courses which also contains various Ph.D. courses. It may be true that Ph.D. degree awarded to a candidate needs no recognition from the Medical Council of India but for the purposes of this case, the marks can be claimed by a candidate in promotion only when the Ph.D. course is recognized by Medical Council of India. Thus the letter dated 15.12.2017/07.12.2017 cannot help thein the present case. Moreover, any communication issued by Joint Secretary of Medical Council of India cannot be given any precedence on the clear statutory provisions contained in Section 11 read with First Schedule of Medical Council of India Act, 1956.23. Now, we come to the Post Graduate training program on which theis also claiming allocation of marks. Two year full time training program to be eligible for award of one mark required to fulfill following conditions:a) full time structured training program.b) during study leave in India/abroad.c) in a medical field from an institution/university recognised by statutory body.