Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court

The Himachal Pradesh High Court held that a postgraduate diploma cannot be treated as equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999. A Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “There is no reference of Post Graduation Diploma in the essential qualification, therefore, meaning of words 'after doing Post Graduation' has to be construed as 'after doing Post Graduation Degree.” The petitioner Sunil Dutt, completed his MBBS in the year 2006, after working for a few years, he completed his MD from Dr. Rajendra Prasad Government Medical College, Tanda in 2024 after which he joined as Medical Officer in Chamba Medical College.The petitioner claimed that, as per the Himachal Pradesh Medical Education Service Rules, 1999, 50% of Assistant Professor posts are to be filled through promotion of in-service doctors. He argued that his three years of teaching experience as Senior Resident after completing the postgraduate diploma should be counted towards eligibility. However, the Departmental Promotion Committee ignored his claim and instead recommended another candidate.Aggrieved, the petitioner filed a writ petition before the High Court.After examining the Service Rules, 1999, the court noted that the minimum qualification for an Assistant Professor is a postgraduate degree. Since there is no mention of a diploma in the Rules, it cannot be read into them.The Court remarked that the rule demanded three years' teaching experience after a postgraduate degree, the petitioner's teaching experience as Senior Resident gained after a diploma but before his MD degree did not satisfy the requirement.Thus, the Court upheld the decision of the departmental promotion committee which had declared the petitioner ineligible. Case Name: Dr. Sunil Dutt V/s State of H.P. and othersCase No.: CWP No. 6750 of 2025Date of Decision: 23.09.2025For the petitioner: Mr.Chandernarayan Singh and Dr.Nidhi Singh, AdvocatesFor the Respondents: Mr.Anup Rattan, Advocate General with Mr.Raj Negi, Deputy Advocate General, for respondents No. 1 to 5.Mr.Vikrant Thakur, Advocate, for respondent No. 6.Mr.Balram Shrama, Deputy Solicitor General of India with Mr.Rajeev Sharma, Advocate, for respondent No. 8.Click Here To Read/Download Order

Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court

Mehak Aggarwal

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