RAVITA KUMARI vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
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HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE ACTING CHIEF JUSTICE SHRI MANOJ KUMAR TIWARI
AND
HON’BLE SHRI JUSTICE SUBHASH UPADHYAY
TH
28 OCTOBER, 2026
WRIT PETITION (S/B) No. 513 of 2025
1: Ravita Kumari
--Petitioner
Versus
1: State Of Uttarakhand
2: Director General
3: Director Medical Education
4: Uttarakhand Medical Service Selection Board
5: National Medical Commission
6: Atanu Sen
7: Nitu Chaudhary
8: Dr Rashmi Pandey
9: Sandeep Dabral
10: Rahul Saxena
11: Akansha Srivastava
--Respondents
Counsel for the petitioner. : Mr. Vinay Kumar, learned counsel.
Counsel for respondent nos.1 to 3. : Mr. Ranjan Ghildiyal, learned Standing
Counsel for the State of Uttarakhand.
Counsel for respondent no. 4. : Mr. Gaurav Nagpal, learned counsel
holding brief of Mr. Ramji Srivastava,
learned counsel.
Counsel for respondent no. 5. : Mr. Yogesh Pacholia, learned counsel.
Counsel for respondent no. 10. : Mr. Arvind Vashistha, learned Senior
Counsel assisted by Mr. Pulak Raj Mullick
and Mr. Devanshi Joshi, learned counsel.
Counsel for respondent no. 11. : Mr. K.P. Upadhyay, learned Senior
Counsel assisted by Mr. Hemant Pant,
learned counsel.
JUDGMENT : ( per Shri Manoj Kumar Tiwari, A.C.J.)
Petitioner is a Medical Graduate. She possesses
M.B.B.S. Degree, besides M.D. in Biochemistry. She
participated in a selection for the post of Assistant Professor
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(Biochemistry) held by Uttarakhand Medical Service Selection
Board. Since petitioner was not selected, therefore, she has
approached this Court, challenging the selection of private
respondents for the post of Assistant Professor (Biochemistry),
on the ground that non-medical graduates, having M.Sc.
(Biochemistry) cannot be appointed as Assistant Professor in a
Medical College. The reliefs sought in the Writ Petition are as
follows :-
“(i) Issue a writ, order or direction in the nature of Certiorari
calling for the records and quashing the Final Result dated
17.11.2025 (Annexure No.11 to the writ petition), so far as it
pertains to the selection of the private respondents on the post
of Assistant Professor (Biochemistry) is concerned, inasmuch
as the norms issued by the National Medical Commission
specifically mentions that the candidates with Non-Medical
Qualification can be appointed only in case of non-availability
of candidates with Medical Qualification.
(ii) Issue a writ, order or direction in the nature of Certiorari
calling for the records and quashing the Representation
Disposal Order dated 08.10.2025 (Annexure No.10 to the writ
petition), whereby the candidature of respondent Dr. Rashmi
Pandey has been held to be eligible in violation of the Notice
dated 30.09.2025 (Annexure No.09 to the writ petition).
(iii) Issue a writ, order or direction in the nature of
Mandamus commanding and directing the respondent
Selecting Body to revise the Final Result dated 17.11.2025
(Annexure No.11 to the writ petition) for the post of Assistant
Professor (Biochemistry) by including the name of the
Petitioner who has qualified the selection process and possess
the Medical Qualification of MD (Biochemistry) and accordingly
recommend the name of the Petitioner to the Appointing
Authority.
(iv) pass any other writ, order or direction, which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.”
2. The advertisement, pursuant to which selection was
held, was issued on 19.02.2025. A total of 13 vacancies, on
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the post of Assistant Professor (Biochemistry), were notified by
the said advertisement, out of which 06 posts were unreserved,
04 posts were reserved for Scheduled Caste candidates, 02
posts were reserved for Other Backward Classes candidates and
01 post was reserved for candidates belonging to economically
weaker sections. Clause 6 of the advertisement deals with
Academic Qualifications, which provides that one should have
the qualifications mentioned in NMC-TEQ Regulations –
Minimum Qualifications for Teachers in Medical Institutions
Regulations, 2022, notified on 22.02.2022.
3. Petitioner, however, has relied upon the “Guidelines
for Under Graduate Courses under Establishment of New
Medical Institutions, Starting of New Medical Courses, Increase
of Seats for Existing Courses & Assessment and Rating
Regulations, 2023”, which were notified on 16.08.2023. Those
guidelines were issued in exercise of power conferred upon
Under Graduate Medical Education Board of National Medical
Commission vide sub-section (a), (d) and (e) of Section 24 r/w
Sections 26, 28 & 29 of the National Medical Commission Act,
2019. Clause 4 of Schedule II of those Regulations, on which
heavy reliance was placed by learned counsel for petitioner, is
reproduced below :-
“4. In department of Anatomy, Physiology, Biochemistry,
non-medical teachers may be appointed to the extent of 15%
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of the total number of posts in the department subject to non-
availability of medical teachers. The above mentioned non-
medical teachers and the Statistician in the department of
Community Medicine should possess qualification in that
particular subject from a recognised University as per
requirements in Teacher Eligibitity Qualification Regulations.”
4. Learned counsel for petitioner submits that, since
medical qualification holders were available in sufficient
numbers, therefore, private respondents could not have been
selected for appointment as Assistant Professor (Biochemistry),
as they do not possess a medical qualification. Thus, he
submits that selection and appointment of private respondents
is contrary to Clause 4 of Schedule II of the guidelines issued
by Undergraduate Medical Education Board of National Medical
Commission on 16.08.2023.
5. Clause 4 of Schedule II of the notification dated
16.08.2023 permits appointment of non-medical teachers in
department of Anatomy, Physiology, Biochemistry to the extent
of 15% of the sanctioned posts, subject to non-availability of
medical qualification holders. Thus, it is contended that
selection and appointment of private respondents is liable to be
set aside, as they do not possess a medical qualification and
they could have been selected only if medical qualification
holders were not available for selection/ appointment in
sufficient numbers.
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6. Mr. Yogesh Pacholia, learned counsel appearing for
National Medical Commission, however, refers to the
advertisement dated 19.02.2025, for contending that Teachers
Eligibility Qualifications in Medical Institutions Regulations,
2022, framed by National Medical Commission, were adopted
by reference in the advertisement, meaning thereby, that
minimum qualifications needed for appointment should be such,
as is prescribed in the aforesaid Regulations framed in 2022.
The Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022 were notified in the official gazette on
14.02.2022. Regulation 3.3 of the said Regulations reads as
under :-
“3.3 In the Departments of Anatomy, Physiology and
Biochemistry, non-medical graduates having M.Sc. (relevant
medical and PhD qualifications, granted by the recognized
Medical College/Institute as regular on campus course in the
subject concerned, can be appointed as Assistant Professors. A
non-medical person cannot be appointed as Dean or Director
or Principal or Medical Superintendent or Head of the
Department.”
7. A careful perusal of Regulation 3.3 of the Regulations
framed by Postgraduate Medical Education Board of National
Medical Commission, notified on 14.02.2022, unequivocally
provides that, in certain departments, including Biochemistry,
non-medical graduates with M.Sc. (relevant medical) & Ph.D.
qualification can be appointed as Assistant Professors, with a
caveat that a non-medical person cannot be appointed as
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Dean/ Director/ Principal/ Medical Superintendent/ Head of the
Department.
8. Learned counsel appearing for National Medical
Commission submits that academic qualifications required for
appointment as teacher in a medical institution are prescribed
by 2022 Regulations, notified on 14.02.2022, while the
notification dated 16.08.2023 contains the guidelines, which
were framed by Undergraduate Medical Education Board for
undergraduate courses. He refers to Chapter-I of the
notification dated 16.08.2023 (second sub-para), where it is
mentioned that these Regulations shall be applicable to medical
colleges, which are being established from Academic Session
2024-25. He further submits that these guidelines were issued
by Undergraduate Medical Education Board, under Section 24 of
the National Medical Commission Act, 2019, under its general
power of Determining Standards of Medical Education at
Undergraduate Level. He submits that the Government Medical
Colleges, for which selection was being held, were all
established much before Academic Session 2024-25, while the
notification dated 16.08.2023 clearly indicates that the
Regulations notified on 16.08.2023 will apply only to new
medical colleges, which are established, during or after
Academic Session 2024-25. He further submits that the
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notification relied upon by petitioner deals only with new
medical institutions, and it does not lay down the minimum
qualifications needed for appointment as teacher in a medical
institution.
9. Mr. Arvind Vashistha & Mr. K.P. Upadhyay, learned
Senior Counsels appearing for respondent nos. 10 & 11
respectively, submit that respondent nos. 10 & 11 possess all
requisite qualifications, as mentioned in the advertisement,
including Ph.D. in Biochemistry. As such, challenge to their
selection and appointment made by petitioner is unfounded.
10. Mr. K.P. Upadhyay, learned Senior Counsel further
submits that respondent no. 11 was selected and appointed
against a seat reserved for Uttarakhand Women, while
petitioner belongs to a different category, therefore, respondent
no. 11 is unnecessarily impleaded in the writ petition.
11. We do not find substance in the challenge thrown by
petitioner to the selection and appointment of private
respondents. Academic qualification, needed for appointment
as Assistant Professor in medical colleges, is prescribed in
Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022, notified on 14.02.2022, and the other
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notification, issued on 16.08.2023, is on a different subject
altogether, and since the Regulations framed in 2022 do not
provide that non-medical graduates can be appointed only in
the event of non-availability of medical graduates, therefore,
selection and appointment of private respondents cannot be
faulted. In fact, Clause 3.3 of 2022 Regulations treats medical
graduates and non-medical graduates at par, for appointment
as Assistant Professor, with a caveat that a medical graduate
cannot be appointed as Dean/ Director/ Principal/ Medical
Superintendent/ Head of the Department. The advertisement,
pursuant to which selection was held, does not indicate the
academic qualifications needed for appointment and it merely
refers to the 2022 Regulations framed by National Medical
Commission. Since private respondents are eligible as per
those Regulations, therefore, there is no scope for interference
with the selection and appointment of private respondents.
12. Learned counsel for petitioner then contends that
selection of respondent nos. 6 & 8 is unsustainable, as they do
not possess Masters Degree in relevant medical Biochemistry,
which is the basic qualification needed for appointment.
13. Mr. Gaurav Nagpal, learned counsel appearing for
Uttarakhand Medical Service Selection Board, however, submits
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that respondent nos. 6 & 8 were initially kept out of the select
list, due to doubt regarding their qualification. However, when
they made representation to the Selecting Body, enclosing
therewith the letters issued by National Medical Commission,
then their names were added in the select list.
14. Learned counsel for the Uttarakhand Medical Service
Selection Board refers to the documents enclosed as Annexure
No. 2 to the counter affidavit filed on behalf of respondent no.4,
which is a letter dated 12.08.2022 issued by National Medical
Commission, wherein it is stated that Dr. Rashmi Pandey
(respondent no. 8) was found eligible for the post of Assistant
Professor in the Department of Biochemistry in a medical
college in India. Annexure No. 3 to the counter affidavit filed
by respondent no. 4 is a certificate issued by AIIMS, New Delhi,
which reveals that respondent no. 8 was awarded degree of
Doctor of Philosophy, after having been found qualified in the
examination held in November, 2021. Another certificate
issued by Registrar, AIIMS, New Delhi is enclosed at Page No.
34 of the counter affidavit filed by respondent no. 4, which
reveals that the title of the Thesis submitted by respondent
no.6 was “ Study of endothelial progenitor cell (EPC)
tetrahydrobiopterin (BH4) level and its association with EPC
number and function in coronary artery disease (CAD)
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patients .” The experience certificate issued by AIIMS,
Rishikesh on 19.05.2025 is also enclosed with the counter
affidavit filed by respondent no. 4, which indicates that
respondent no. 6 worked as a Senior Resident in Department of
Biochemistry, AIIMS Rishikesh, w.e.f. 04.05.2022 to
03.05.2025 on tenure basis, and he was also involved in
teaching activities during that period.
15. Law is well settled that in academic matters, opinion
of the subject experts has to be respected. Since the Selection
Committee consists of subject experts, therefore, while
exercising the power of judicial review, we cannot sit in appeal
over the decision of the subject experts. Since the academic
qualifications, and also the question of eligibility of respondent
nos. 6 & 8 was considered by the subject experts, who found
them to be eligible for appointment, therefore, there is hardly
any scope for interference with the opinion of the subject
experts.
16. For the aforesaid reasons, we do not find any scope
for interference with the selection and appointment of
respondent nos. 6 to 11.
17. The Writ Petition fails and is, accordingly, dismissed.
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18. Interim order dated 26.11.2025 stands vacated.
19. All pending applications stand disposed of
accordingly.
_______________________
MANOJ KUMAR TIWARI, A.C.J.
___________________
SUBHASH UPADHYAY, J.
th
Dt: 28 October, 2026
Rahul
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