4807.txt

The current document involves a legal case related to the eligibility of a medical specialist, Dr. Asim Kumar Bose, for promotion to the post of Associate Professor in a medical college. Dr. Bose had been actively associated with teaching postgraduate and undergraduate students in the Maulana Azad Medical College for over 17 years while holding the post of Radiologist. However, in 1973, the Government of India promoted and appointed another medical professional, Dr. K.P. Mittal, to the post of Associate Professor of Radiotherapy, ignoring Dr. Bose's claim. Dr. Bose made a representation to the Government of India, but it was rejected. In 1974, Dr. Bose filed a writ petition in the Delhi High Court, challenging the Government of India's decision as a violation of his right to equal opportunity in matters of employment under Articles 14 and 16 of the Constitution. The High Court rejected Dr. Bose's petition, stating that the recruitment rules required five years' experience as a teacher in a medical college or teaching institution for appointment as an Associate Professor. The Ministry of Health and Family Welfare prepared a note on the structure of the Central Health Service, which confirmed that at least five years' experience as a Reader/Associate Professor in the concerned speciality in a medical college/teaching institution after the requisite postgraduate qualification was essential for promotion to the post of Associate Professor. The Ministry also produced a letter from the Dean of the Maulana Azad Medical College, stating that Dr. Bose was not actually teaching the postgraduate and undergraduate students of the college while performing his duties as a Radiologist. The case is currently being appealed in the Supreme Court. The document also provides context information from multiple sources related to the case, including notes and affidavits from various authorities regarding the teaching and non-teaching staff in the Central Health Service and their eligibility for promotion. The document does not prioritize any details, but provides a comprehensive overview of the case. The current court judgment related to a similar dispute has declared that the designation of Associate Professor of Radiology in a teaching hospital should be interpreted as a teaching position, and the specialist's 17 years of teaching experience should be considered for promotion. The court has also clarified that this decision would not affect the seniority or appointment of other medical specialists who were already in the position or had been appointed in the past.