The Himachal Pradesh High Court on Tuesday dismissed a petition filed by Dr. Sunil Dutt, who had challenged the government’s decision to deny him promotion to the post of Assistant Professor in Anesthesiology. The court upheld the findings of the Departmental Promotion Committee (DPC), concluding that his teaching experience after a postgraduate diploma could not be equated with the requirement of experience after a postgraduate degree.
Background
Dr. Dutt, a medical professional with a long service record in Chamba district, argued that his years of experience as a Senior Resident following his Diploma in Anesthesiology should be counted towards the three years of teaching experience required under the Himachal Pradesh Medical Education Service Rules, 1999.
He pointed out that the Service Rules used the term "post-graduation" without specifying whether it strictly meant a degree. His counsel pressed that this wording should also cover postgraduate diplomas, making him eligible for promotion at par with degree holders.
The State, however, relied on the exact wording of the Rules and the Teachers Eligibility Regulations framed by the National Medical Commission. These clearly prescribe a postgraduate degree, such as MD or MS, as an essential qualification for appointment as Assistant Professor.
Court’s Observations
The division bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja rejected the petitioner's interpretation. The judges underlined that rules cannot be stretched to include diplomas when the statutory requirement clearly speaks of a degree.
"The word 'after doing post-graduation' has to be construed as 'after doing postgraduate degree'," the bench observed, stressing that there was no reference anywhere to diplomas in the essential qualification clauses.
The court also referred to an earlier Supreme Court ruling in Manish Sharma v. Director, Department of Medical Education and Research but clarified that the apex court had not equated a diploma with a degree; it had only left the question to the competent authority. Since no such authority had declared them equivalent, the High Court refused to expand the interpretation.
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The Advocate General argued that allowing diploma-based teaching experience to count would dilute the standards prescribed for teaching posts in medical colleges. The bench appeared to agree, noting that faculty appointments involve not just seniority but strict adherence to qualifications set by law.
Decision
Concluding the matter, the High Court held that the Departmental Promotion Committee was right in rejecting Dr. Dutt's candidature. Since his teaching experience was acquired before obtaining an MD in Anesthesiology, it could not satisfy the statutory requirement.
Accordingly, the writ petition was dismissed. The interim order, which had temporarily protected the petitioner, also stood vacated with the dismissal.
Case Title: Dr. Sunil Dutt v. State of H.P. & Others
Case Number: CWP No. 6750 of 2025
Date of Decision: 23rd September, 2025
