In Brief
Dr. Sharmad was promoted to Associate Professor in a medical college in Kerala before completing five years of teaching experience after acquiring his postgraduate degree. Dr. Jyothish, a rival candidate, challenged the promotion, arguing that post-qualification experience was mandatory under recruitment rules. The High Court agreed and set aside the promotion. The Supreme Court held that the applicable Government Order distinguished between posts in the Administrative Cadre (which explicitly required post-qualification experience) and Teaching Cadre posts (which did not include this requirement). By the principle expressio unius est exclusio alterius, the omission of the post-qualification requirement from Teaching Cadre posts was deliberate. The Court restored Dr. Sharmad's promotion and dismissed Dr. Jyothish's challenge.
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