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Supreme Court of India 2018-04-20 dismissed

M. Dakshayani vs State of Karnataka & Anr

Bench: 2 — L. Nageswara Rao

In Brief

The appellant, an Assistant Surgeon appointed in 1987, challenged the promotions of respondent No. 2 (appointed 1991) to Assistant Professor and Professor in Ophthalmology. The key dispute was whether service as Lecturer before acquiring a Post-Graduate Degree could count toward the three-year experience requirement for promotion to Assistant Professor. The Supreme Court held that the recruitment rules do not require the three years of teaching experience to be after Post-Graduation—both qualifications and experience are separate requirements. The respondent's nine years of service as Lecturer sufficed. The concurrent contempt petition alleging violation of interim orders was dismissed as the respondent's appointment as Head of Department was temporary and administrative in nature.

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