• Regarding promotion to higher post

I am serving as a assistant professor of neurology for last 4 years in govt medical college. now indian medical council has made rule that for promotion to associate professor one has to have two years service as asst professor which already I have and desireable two research publications which i dont have. my question is wheather desireable is mandatory for promotion to higher post?
Asked 1 year ago in Civil Law from Dibrugarh, Assam
Hi
1. From your details it is clear that  you are eligible for promotion.
2. "Desirable " dos not mean mandatory , however if there are candidates who have the said added qualification of two research publication shall be preferred against those who have not.
3.If the said conditions are made mandatory there should have been a clarity about it.Unless it is specified , the term desirable cannot be interpreted as mandatory.
4. If you decide to question about the said criteria of selection/ promotion you should file a writ petition in the high Court , challenging the said condition/term/clause .
It is obvious that the term desirable can be misused and used against a candidate which can be a violation of her/his right
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) it is not mandatory requirement to have two research publications 

2) however on the event any candidate had 2 research publications under his belt preference would be given to such a candidate 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1) you have 4 years experience as Asst professor whereas your junior had 3 years experience 

2) however since he had 2 research publications published it is for authorities to take call whom to promote 

Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Desirable qualification is not mandatory for promotion to next higher post.
2. However based on your seniority and the number of years you have served as Assistant Professor, you may be considered for the post of Associate Professor.
3. But your junior has both the essential and desirable qualification and if the selection committee considers your seniority, then you have a fair chance.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
As per the provisions of Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (AMENDED UPTO MAY, 2015)

Section 7 :  In cases where candidates with requisite experience are not available, a reference may be made by the appointing authority to the Medical Council of India for consideration on merits.

Section 9. The requirement of publication of four research papers for the post of Associate Professor and eight  research papers for the post of Professor may be a desirable qualification.

The further rules in this regard is given below :
Desirable
(ii) Minimum of four Research publications indexed in Index Medicus/national journals.
The Above Sub-clause – “ii” has been amended vide notification dated 24.7.2009 as under:
(ii) Minimum of two research publications in indexed/national journals.
The above has been further amended vide Notification dated 15.12.2009 as under:
Provided that these research publications are published/accepted for publication in the Journals by the National   Associations/Societies of the respective specialities as the First Author. Further provided that the requirement of  2 research publications for promotion to the post of Professor should be taken on cumulative basis with minimum  of 2 research publications must be published during the tenure of the Associate Professor.
Further provided that for the transitory period of 4 years w.e.f. 24th July, 2009, the appointment/promotion to the  post of Associate Professor can be made by the institutes in accordance with the “Minimum Qualifications for  Teachers in Medical Institutions Regulations, 1998” as prevailing before notification of “Minimum Qualifications  for Teachers in Medical Institutions (Amendment) Regulations, 2009”.
The following shall be Substituted in terms of Gazette Notification dated 01.10.2012:-
“If a DNB qualified candidate (broad/ super-specialty) having fulfilled the requirements as per clause 4(iii) mentioned below for appointment as Assistant Professor or is already working in a MCI recognized medical  college/ central institute, he/she would be further promoted as per Minimum Qualification for teachers in Medical
Institutions Regulations, 1998 as amended.”
(iii) Additional training of one year for equivalence of qualification of DNB (broad Specialties) with MD/MS & DNB  (super-specialties) with DM/M.Ch.Those candidates who have undergone DNB training (both broad specialties and super-specialties) in hospital/  institution other than mentioned in (ii) above, shall undergo one additional year of senior residency or equivalent training or research job in a MCI recognized hospital/ institution,
provided such qualifications are notified in the Postgraduate Medical Education Regulations 2000”

The latest amendments by the MCI have been reproduced above for your information, it can be seen that the desirable publication qualification can be acquired after being inducted as Associate professor also. 
In the event of your junior is considered for promotion leaving you aside, yo may make a representation in writing, exhaust the remedies available within and then think of contemplating legal actions against the grievance. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
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Desirable thing is not mandatory for promotion to higher post. But it is added qualification .When there is tie is occurred for selecting one person then it will consider.In your case ,you have 4 years experience as Asst professor whereas your junior had 3 years experience.Based on your seniority and the number of years you have served as Assistant Professor, you may be considered for the post of Associate Professor
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
desirable qualification cannot be mandatory in any case. [S.P. Shivprasad Pipal vs Union Of India & Ors AIR 1998]
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
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1. No. 'Desireable' does not indicate that it is 'Mandatory',

2. It means that the Authority desires the candidates appearing  promotion should have two publications,

3. Such candidates having two publications will surely get preference in selection/promotion.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. In the given context, your Junior is likely to be promoted since he fulfills the desired criteria,

2. Yous not being promoted earlier, does not give you any advantage or right to claim promotion this time.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. What is desirable is not mandatory, but this boils down to the subjective discretion of the selection authority. 

2. Your junior meets the mandatory and desirable qualifications, so he qualifies for promotion notwithstanding the fact that he is a junior.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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