SC rules out PhD degree for post of professor in medical college
New Delhi: A Ph.D. is not required to get a promotion to a professor’s post in a medical college under the Aligarh Muslim University. The Apex court by upholding this observation set aside an Allahabad HC order on the issue of promotion of two faculty members at the Jawaharlal Nehru Medical College in Aligarh Muslim University issued earlier.
The Supreme Court bench of justices S.A. Bobde and L. Nageswara Rao has held that Ph.D. is not required for promotion to the post of Professor in a medical college under Aligarh Muslim University.
The Allahabad High Court, had earlier interpreting Clause 12 (19) of the Ordinances (Executive) as amended by the University provided for prescription of the minimum qualifications for candidates from the faculty of medicine by the Medical Council of India (MCI), held that fulfillment of ‘other conditions’ as laid down in the Ordinances (Executive) would include Clause 12 (5) which mandates a Ph.D. degree for promotion to the post of Professor.
This observation of the high court was made while allowing a professors plea challenging the entitlement of others to the post of professor for want of Ph.D.
Referring to various clauses of the ordinance, the apex court bench however observed: “The other conditions laid down in the Ordinances (Executive) are with reference to Clauses 12(6) to 12(18) and not Clause 12 (5). The finding of the High Court that the teaching staff in the medical college should have qualification as prescribed in Clause 12 (5) would be rendering Clause 12 (19) otiose. Clause 6.4.8 and Clause 12.5 are inapplicable to the teaching staff working in medical colleges as they would be governed by the regulations framed by the MCI.”
The bench also took note of the UGC Regulations for Minimum qualification for appointment of teachers and other Academic Staff in Universities, Colleges, and measures that are to be taken to maintain Standards in Higher Education. The court pronounced that the UGC regulations provided that teachers in the faculty of medicine, were appointed as per the norms/ regulations of Ministry of Health and Family Welfare, Government of India.
The MCI regulations, the Supreme Court stated reflected MD/MS as the minimum qualification for appointment to the post of Professor in a medical college.
Meanwhile , a faculty member at AMU’s JN Medical College said: “If no Ph.D. is required for promotion in medical colleges, most doctors will not go for research, which would mean decreased research output. In fact, research is highly required in the medical field.
“Doctors go for research on important topics — like cardiac surgeons do research on techniques that would improve heart surgery and make it easier on the patient. Then, there is a huge amount of research on autoimmune diseases, on life-threatening diseases and their treatment. The sky is the limit when it comes to research in the medical field.”
“At the same time it would also mean that doctors will be able to devote more time to patients, and not enroll for a Ph.D. just for the sake of getting a promotion, which is otherwise required if they are teaching at an institution which is funded by the UGC,” added the faculty member to the Print.
The Judgement is attached.