HP High Court: PG diploma is not equal to PG degree for promotion as Assistant Professor
| Case | Dr. Sunil Dutt vs State of Himachal Pradesh & Others |
| Case No. | CWP No. 6750 of 2025 |
| Bench | Justice Vivek Singh Thakur & Justice Sushil Kukreja |
| Date of Decision | 23 September 2025 |
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Major Judgment: PG diploma is not equal to PG degree for promotion as Assistant Professor
Himachal Pradesh High Court held that a PG diploma is not equal to PG degree for promotion to the grade of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999.
The Division Bench reiterated that even though the Rules specifically refer only to a postgraduate degree in the required qualifications, a diploma cannot be construed or replaced for it.
Join NEET PG News 2025 The court also reiterated that the expression “after doing post-graduation” should be construed as reading “after doing a postgraduate degree”, and not a diploma.
Background
Petitioner, Dr. Sunil Dutt, finished his MBBS in 2006, after which he did postgraduate diploma and then worked as a Senior Resident. Subsequently, he earned his MD (Postgraduate Degree) from Dr. Rajendra Prasad Government Medical College, Tanda, in 2024.
On the successful completion of his MD, Dr. Dutt was posted as a Medical Officer in Chamba Medical College.
He asserted himself eligible for promotion to Assistant Professor cadre, as he had three years’ teaching experience as Senior Resident subsequent to his diploma.
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50% of Assistant Professor posts are retained reserved under the Himachal Pradesh Medical Education Service Rules, 1999, for promotion of in-service doctors.
Argument of the Petitioner
Dr. Dutt argued that his teaching experience following obtaining the postgraduate diploma should count towards the three years of teaching experience needed to qualify for promotion.
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Court’s Observations
Having gone through the 1999 Service Rules, the Court noted:
- Minimum qualification for the post of Assistant Professor is a postgraduate degree, and not a diploma.
- As postgraduate diploma has not been referred to in the Rules, neither can it be assumed nor inferred in the Rules.
- The three years of teaching experience could have been subsequent to the award of a postgraduate degree and not a diploma.
Likewise, Dr. Dutt’s teaching experience gained after his diploma but prior to his MD was not the required stipulation.
Decision
The Court dismissed the petitioner’s appeal against the order of the Departmental Promotion Committee (DPC), which had found the petitioner not fit for promotion and recommended another candidate.
Appearance by Counsel
- For the Petitioner: Mr. Chandernarayan Singh and Dr. Nidhi Singh, Advocates
- For the State (Respondents No. 1-5): Mr. Anup Rattan, Advocate General, assisted by Mr. Raj Negi, Deputy Advocate General
- For Respondent No. 6: Mr. Vikrant Thakur, Advocate
- For Respondent No. 8: Mr. Balram Sharma, Deputy Solicitor General of India, assisted by Mr. Rajeev Sharma, Advocate
Key Takeaway
The ruling goes a step further in that the statutory service rules must be interpreted strictly, and conditions of eligibility cannot be lowered by making a postgraduate diploma equivalent to a postgraduate degree unless the statute so demands in the rules.
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