Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Aleem Syeed

27 Mar 2025 4:25 PM

Clarifying the rules for recruitment in medical institutes, the Jammu and Kashmir High Court ruled that the Medical Council of India (MCI) guidelines allow for up to 30% of the total appointments in certain departments to be from non-medical faculty, but there is no legal obligation to do so.

Respondent No.1, who was a non-medical candidate, had challenged the appointment on the basis that the institute was under an obligation to appoint 30% from non-medical candidates. The court however said that the contention of Respondent No.1, challenging the appointment of a candidate belonging to the medical category was without any basis.

A bench of Justices Sanjeev Kumar, Justice Puneet Gupta made it clear that the rule referred to by Respondent No.1 was not a mandatory provision but discretionary and further observed that even if a medical institute appoints all teachers from the medical category in departments such as Anatomy, Physiology, Biochemistry, and Pharmacology, it cannot be said that the institute has violated the 30% norm laid down in the regulations.

The court noted that the posts in question were advertised in 2016, and by virtue of the said advertisement, both candidates from the medical and non-medical streams could apply. The court said that Respondent No.1 had the lowest score in the merit list, whereas Respondent No.4 had the highest marks and was accordingly selected for the post.

The court observed that in the presence of more meritorious candidates with medical qualifications, the unfilled post could not have been given to Respondent No.1, who was last in the merit list, solely on the basis that he possessed a non-medical qualification.

The court held that the contention of Respondent No.1, requiring the institute to mandatorily fill 30% of the seats from non-medical candidates, was totally misconceived and contrary to the regulations provided by the MCI.

The court ruled that the single bench had earlier operated on the wrong premise that the institute was obligated to fill 30% of posts from the non-medical category in each discipline.

The court also said that it is at the discretion of the medical institution concerned to appoint non-medical faculty in some departments, such as Pharmacology, but while doing so, the institution must ensure that the number of non-medical teachers does not exceed 30% of the total number of posts in the department.

BACKGROUND

The case revolves around the appointment of an Assistant Professor in the Department of Clinical Pharmacology at SKIMS, Srinagar. Respondent No.1 applied for the post of Assistant Professor, but Respondent No.4 was appointed to the position. Respondent No.1 challenged the selection process, arguing that SKIMS was obligated to fill 30% of faculty positions in Clinical Pharmacology with non-medical candidates as per Medical Council of India (MCI) norms.

The Single Judge of the High Court, in its judgment, directed SKIMS to reconsider his case for appointment retrospectively, prompting the appellant to file intra-court appeals.

APPEARANCE:

Jahangir Iqbal Ganai, Sr. Advocate with Mr. Junaid Malik, Advocate for Petitioners

M.Y.Bhat, Sr. Advocate with Mr. R.A.Bhat, Advocate for R-1

Abdul Rashid Malik, Sr. AAG with Ms. Rahella Khan, Advocate FOR Respondents

Case-title: Dr. Majid Farooq vs Dr. Majid Farooq, 2025

If poor don’t get free treatment at Apollo, will hand it over to AIIMS, warns Supreme Court

If poor don’t get free treatment at Apollo, will hand it over to AIIMS, warns Supreme Court

The Supreme Court asked the Central and Delhi governments to set up a joint inspection team to “find out if poor people are being treated there or this land has been grabbed for private interest”.

By: Express News Service

New Delhi | Updated: March 27, 2025 05:58 IST

The bench also asked them to inform it of the existing total bed strength of the hospital and sought records of OPD patients for the past five years.

The Supreme Court has warned the Indraprastha Apollo Hospital in Delhi that it will ask the All India Institute of Medical Sciences (AIIMS) to take over its management if it does not fulfill its commitment in the lease agreement to provide free treatment to poor patients. “If we find out that poor people are not provided free treatment, we will hand over the hospital to AIIMS,” a bench of Justices Surya Kant and N K Singh cautioned on Tuesday.

The Supreme Court asked the Central and Delhi governments to set up a joint inspection team to “find out if poor people are being treated there or this land has been grabbed for private interest”.

“Discuss the matter at the highest level, and if need be, we will ask AIIMS to run the hospital,” the court said. The hospital has been given four weeks to submit a report.

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The bench was hearing an appeal filed by Indraprastha Medical Corporation Limited (IMCL), which runs the hospital, challenging an order dated September 22, 2009, by the Delhi High Court, which said that “there has been hardly any implementation of the conditions of the agreement providing for free treatment to indoor and outdoor patients” as it cited “reports which clearly show that the IMCL has flouted the conditions with impunity”.

As per the agreement establishing the hospital, it was stipulated that it shall provide free facilities of medical diagnostic and other necessary care to not less than 1/3rd of the total capacity of 600 beds and to provide free of cost full medical diagnostic and other necessary facilities to 40% of the patients attending OPD of the hospital.

The All India Lawyers Union had approached the High Court alleging that this was being flouted.

The High Court asked the hospital “to provide one-third of the free beds i.e. 200 beds with adequate space and necessary facilities to the indoor patients and also to make necessary arrangements for free facilities to 40% of the outdoor patients.”

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Hearing the appeal against the High Court order on Tuesday, the Supreme Court orally remarked that the hospital — built on 15 acres of land given on a symbolic lease of just Re 1 — was to be run on a ‘no profit and no loss’ formula but has instead turned into a purely commercial venture where the poor can hardly afford treatment.

The IMCL counsel told the bench that it was being run as a joint venture and the government of NCT of Delhi has 26% shareholding and had also benefited from the earnings.

“If the Delhi government is earning profit from the hospital instead of taking care of the poor patients, it is the most unfortunate thing,” Justice Kant said. The Supreme Court noted that the land on which the hospital was built was given on a 30-year lease, which was to expire in 2023, and asked the Centre and Union Health Ministry to find out if the same had been renewed and to explain “if the lease deed has not been renewed, what lawful recourse has been initiated for restoration of government land”.

The bench also asked them to inform it of the existing total bed strength of the hospital and sought records of OPD patients for the past five years.

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“The affidavit will explain how many poor patients on the recommendation of the state authorities were provided indoor and outdoor treatment in the last five years,” the court said, allowing the hospital to explain its stand in an affidavit.

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Bharathidasan University yet to get a V-C

Bharathidasan University yet to get a V-C

Commissioner of Collegiate Education E. Sundaravalli is heading the panel in Bharathidasan University as well as Madurai Kamaraj University

C. Jaisankar

TIRUCHI  28.03.2025

The delay in appointing the new Vice-Chancellor for Bharathidasan University, one of the largest universities in the State in terms of its jurisdiction and the number of affiliated colleges, has caused concern in academic circles.

M. Selvam, who was the Vice Chancellor of the university for four years that included one year of extension, demitted office on February 5.

A three-member VC Convenor Committee was subsequently constituted to perform the duties of the Vice-Chancellor of Bharathidasan University. The Committee is empowered to discharge manyduties of the Vice-Chancellor until an appointment is made to the post.

Commissioner of Collegiate Education E. Sundaravalli is the Convener of the Committee. Syndicate members R. Sakthi Krishnan and V. Rajesh Kannan are the other two members of it. A

ll important files related to the day-to-day administration of the university are referred to them. Ms. Sundaravalli, who functions from Chennai, has to handle all files of the university in addition to her regular role as the Commissioner of Collegiate Education. Moreover, she is also the Convener of the VC Convenor Committee of Madurai Kamaraj University because of the vacancy of its VC.

According to sources, though Ms. Sundaravalli visits Tiruchi occasionally to oversee the supervision of the university, the officials have to make frequent visits to Chennai to get the files cleared as she has to handle her regular works too.

The jurisdiction of the Bharathidasan University extends from Tiruchi to Tiruvarur and Nagapattinam. It has about 153 affiliated colleges. In addition to them, it has to handle all academic and non-academic activities of 38 departments.

A faculty member said that the VC search committee would normally be constituted months prior to the end of tenureof Vice Chancellor. However, even eight weeks after Mr. Selvam demitted office, the VC search committee has not been constituted yet. Going by the strong discord between Governor R.N. Ravi and the State government on including a UGC nominee in the search committees, it was observed that it would take time for the constitution of VC search committee to receive applications from the aspiring candidates for the post of Vice-Chancellor.

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

Upasana Sajeev

17 Mar 2025 6:00 PM

The Madras High Court has stressed that courts should be slow to ignore delay once the limitation period for a particular suit expires and the action becomes time-barred.

Justice Shamim Ahmed observed that the statute relating to limitation determines the life span of a legal remedy and as time passes, newer causes would come up necessitating newer persons to seek legal remedy. Remarking that time is precious, the court thus noted that if the life span of legal remedy was not followed, it may lead to unending uncertainty and anarchy.

“The statute relating to limitation determines a life span for such legal remedy for redress of the legal injury, one has suffered. Time is precious and the wasted time would never revisit. During efflux of time, newer causes would come up, necessitating newer persons to seek legal remedy by approaching the Courts. So a life span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy,” the court said.

The court was hearing a plea by Mayalagu challenging an order of the Director of Collegiate Education and to direct the authorities to give him notional promotion as Lab Assistant in VSS Government Arts College with all benefits.

Mayalagu submitted that he was initially appointed as a Sports Marker in the college. When the college intended to fill up the post of Lab Assistant with one post to be filled through direct recruitment and two posts through promotion, Mayalagu was not considered since a disciplinary proceeding had been initiated against him under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. It was informed that he had been imposed with the punishment of stoppage of increment for one year without cumulative effect.

When the same was challenged before the writ court, the court directed the college to appoint Mayalagu as lab assistant pursuant to which he was promoted by proceedings dated May 27, 2013. During the pendency of the petition, his punishment was reduced to a censure. Since censure was not a bar to get promotion, Mayalagu submitted a representation in 2013 asking the authorities to promote him with effect from 2008, the date on which two of the three posts were filled up. This representation was rejected in 2019 following which Mayalagu retired.

The respondents challenged the petition and argued that it was filed belatedly after 2 years of his retirement. It was argued that at the belated stage, granting retrospective notional promotion was not feasible as it had become time-barred.

The court noted that there was no proper and satisfactory explanation for giving a belated representation and for filing the petition 2 years after retirement. Thus, the court opined that the claim could not be sustained on the grounds of laches.

The court added that while it cannot be presumed that a delay in approaching court was always deliberate, it was necessary to show sufficient cause for the delay. The court added that the “sufficient cause” must show that the delay was not deliberate, negligent and due to the casual approach of the litigant but was Bonafide die to reasons beyond the litigant's control.

In the present case, the court was not satisfied with the explanation rendered by the litigant. The court added that the delay remained virtually unexplained and thus, the court was not inclined to exercise judicial discretion to condone the delay. The court observed that after being promoted as Lab Assistant in 2013, the petitioner kept quiet for more than five years without making any request for notional promotion which would show that he had accepted the post.

Thus, finding no reason to interfere, the court dismissed the plea.

Counsel for the Petitioner: Mr. R. Suriya Narayanan

Counsel for the Respondent: Mr. D. Sadiq Raja, Additional Government Pleader

Case Title: S. Mayalagu v. The Director of Collegiate Education and Another

Citation: 2025 LiveLaw (Mad) 109

Case No: WP(MD) No.6979 of 2021

'Unacceptable': Gujarat High Court Imposes ₹2 Lakh Cost On Man For Joining VC Hearing From Lavatory

'Unacceptable': Gujarat High Court Imposes ₹2 Lakh Cost On Man For Joining VC Hearing From Lavatory

LIVELAW NEWS NETWORK

23 Mar 2025 9:10 AM

The Gujarat High Court has imposed a cost of Rs. 2 Lakh on a man for attending court proceedings through video conferencing from a lavatory and has further asked him to perform community service by cleaning the gardens in the high court premises for two weeks.

In doing so the court rejected the man's contention that he had used the high court's website for the first time and thus committed a mistake noting that the 42-year-old man has a B.Sc. degree, and is working in a company. The court said that it cannot be accepted from the person like him that he was not well versed with the operation of the applications, adding that the "indecent act was not only unacceptable but shameful".

Justice MK Thakker in her order said:

"The video, which was viral and thereafter report was called for from Sola Police Station to trace out the person found in the video it reveals that on 17.02.2025 at 12:20 hours one person joined the link by showing the name as “Kanubhai” and he was in indecent manner, he was disconnected. Again, he joined, as the place from where he joined was a lavatory, he was again disconnected. Thereafter, by showing the number of the matter, namely, CRA 11948/2023 the person joined again. The son of the respondent No.2 is present before the Court, namely, Dhavalbhai Kanubhai Patel is having the educational qualification of B.Sc. aged around 42 years and serving in the Reliance Group. So it cannot be accepted from the person like a present, was not wellverse with the operation of the applications. In such scenario, the indecent act is not only unacceptable but it is a shameful and is required to be strictly condemned. If Courts do not deal with such a person with strong hands then, that may result lowering the dignity of the institution in the eyes of public"

It thus imposed exemplary costs of Rs.2,00,000 on the man to be deposited with the Registry within two weeks. The court further directed him to report to the Special Officer, Dedicated Cell at 10:00a.m. and perform community service by cleaning the gardens of the High Court under the supervision of the officer for two weeks.

"The Special Officer, Dedicated Cell, shall submit a report to the Court regarding the completion of the said service," the court added. It further asked the Registry to submit if a report on deposition of the costs, and said that if costs is not paid then further action will be taken.

The incident had occured during the hearing of a plea moved by Gujarat State Co-operative Marketing Federation Limited challenging a January 21, 2023 labour court order pertaining to a dispute under the Industrial Disputes Act.

The court was informed by the counsel appearing for respondent no. 2 that his client's matter was listed on February 17 (Special Civil Application No.11948 of 2023) and therefore on "downloading the board from the High Court website and on clicking on zoom application as well as filling up password" his son had joined the online hearing.

"As it was the first time, he used the website of the High Court, such mistake was committed and therefore, he tendered his unconditional apology," the counsel said.

Meanwhile the Ahmedabad's Sola Police Station had in the previous hearing submitted a report to the court which stated that person who was found in the video, was not the person present in the Court on February 20, who is the petitioner in another petition. The report stated that the person in the video was the son of the respondent No.2 in Special Civil Application No.11948 of 2023.

The court had thus in its previous order had directed the respondent no. 2 as well as his son to be present in personally present in court on the next date of hearing.

Case title: GUJARAT STATE CO OPERATIVE MARKETING FEDERATION LIMITED v/s PRESIDENT OFFICER & ANR

Madras High Court Orders Payment Of ₹1 Lakh Cost To Office Assistant Who Was Denied Maternity Leave By Magistrate, Calls It "Inhuman"

Madras High Court Orders Payment Of ₹1 Lakh Cost To Office Assistant Who Was Denied Maternity Leave By Magistrate, Calls It "Inhuman"

Upasana Sajeev

24 Mar 2025 3:12 PM

Criticizing the District Munsif cum Judicial Magistrate, Kodavasal and the Principal District Judge, Thiruvarur for denying maternity benefit to an Office Assistant, the Madras High Court has held that when there was no dispute regarding the marriage, the employer should not seek proof beyond reasonable doubt for granting the maternity benefit.

“No doubt, Maternity Leave is granted to married woman. A marriage need not be compulsorily registered. The employer cannot seek proof beyond doubt for the factum of marriage unless it is disputed...The reliance placed on G.O.(Ms) No.84 is also ill conceived. The effect of the said G.O. is only to increase the number of days of maternity leave from 270 days to 365 days. It is the Fundamental Rules which governed grant maternity leave. No doubt, maternity leave can be availed of by a married woman only, but the employer is not expected to seek proof beyond doubt of the factum of marriage,” the court held.

The bench of Justice R Subramanian and Justice G Arul Murugan held that the action of the Magistrate was wholly unwarranted and inhumane. The bench added that when prima facie evidence was available, the Magistrate seemed to have fished for reasons and rejected the maternity leave application. Thus, the court directed the Registrar General of the Madras High Court to pay Rs. 1,00,000 to the woman for the mental agony suffered by her due to the respondents' actions.

“The action of the learned District Munsif cum Judicial Magistrate, to say the least is inhuman. In the days were even live in relationships are recognized by the Hon'ble Supreme Court, the learned District Munsif cum Judicial Magistrate, Kodavasal, appears to have taken archaic view of the matter and has fished for and found out reasons for rejection of the application of the petitioner. This, in our opinion, is wholly unwarranted,” the court directed.

The order was made in a petition filed by B Kavitha, Office Assistant of the Magistrate. Kavitha lost her first husband on January 2020. After this, she fell in love with one Bharathi and married him on April 28, 2024. When Kavitha applied for a maternity leave on October 18, 2024, her application was rejected on mainly three grounds. Firstly, that the marriage was not registered. Secondly, that an FIR lodged against Bharathi for cheating on false promise of marriage could not be treated as proof of marriage and third that the pregnancy was prior to the marriage. Claiming that maternity leave could be claimed only by a married woman, the Magistrate dismissed the petition.

The High Court was not inclined to accept this view. Though the court agreed that maternity leave is granted only to married women, it added that the employer could not seek proof beyond reasonable doubt.

In the present case, the court noted that the petitioner had lodged a complaint against Bharathi accusing him of having relationship with her on the false promise of marriage which resulted in her pregnancy. Following this, at the instance of family and well-wishers, the couple got married and photos and invitation of the same was also produced. The court noted that the Magistrate should have acted based on the material but had instead gone on to doubt the fact of pregnancy.

Adding that it was time for judicial officers to reform themselves and take a pragmatic view, the court set aside the impugned order and directed the Principal District Judge to grant maternity leave as per entitlement and to treat any leave taken by her as maternity leave.

Finding it a fit case where the petitioner must be "compensated for the mental agony suffered by her due to the unjust return of her application", the court directed the respondent-Registrar General of Madras High Court, to pay a cost of Rs.1,00,000 to the petitioner within 4 weeks.

Counsel for the Petitioner: Mr. K. Shivakumar

Counsel for the Respondents: Ms. N. K. Kanthimathi

Case Title: B Kavitha v. The Registrar General

Citation: 2025 LiveLaw (Mad) 116

Case No: W.P.No.6195 of 2025

Madurai teacher selected for TN 'Best Chemistry Teacher Award'

Madurai teacher selected for TN 'Best Chemistry Teacher Award'

Meenakshi, who has also been working as a NEET coordinator for Chemistry in the district for the past five years, said he never teaches only the subject.

N Meenakshi Sundaram has beeen selected to receive Best Teacher Award for Chemistry subject during the science Day Festival 2025 on Wednesday. (Photo | K. K. Sundar, EPS)

Express News Service

Updated on:

26 Mar 2025, 9:29 am

MADURAI: N Meenakshi Sundaram, a Chemistry teacher working at the Government Boys Higher Secondary School in Othakadai, was selected for the state's 'Best Teacher Award'. The award will be presented during the Science Day Festival, 2025, organised by the Department of Higher Education, at Science City on Wednesday.

Meenakshi (58), who started his career as a Chemistry teacher in a private school in 1989, later joined a government school in 2010. Earlier, he had bagged the state-level Dr Radha Krishnan Award for the year 2022-23.

Explaining the selection criteria of the award, Meenakshi told TNIE that three rounds of interviews were conducted. After the first round, 29 teachers were shortlisted, and they were asked to appear for a written exam, followed by a personal interview.

Meenakshi, who has also been working as a NEET coordinator for Chemistry in the district for the past five years, said he never teaches only the subject. "I always make efforts to help my students develop interest in the subjects," he added.

It may be noted that the Department of Higher Education's Science city honours the best teachers from government, government aided and private schools across the state, who have excelled in Science subjects, every year.