The High Court of Bombay dismissed a writ petition challenging a State Notification prescribing additional language qualifications and experience requirements for the post of Professor, upholding its permissibility under the Central Council of Indian Medicine Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
922-WP-1686-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1686 OF 2016
Dr. Sanjay Balkrishna Nandedkar …Petitioners Versus
The State of Maharashtra through …Respondents Additional Principal Secretary & Ors.
Mr. S. P. Sarnath, for the Petitioners.
Mr. V. N. Sagare, AGP for the Respondent Nos.1 and 2.
CORAM : B.R. GAVAI AND
RIYAZ I. CHAGLA, JJ.
DATE : 27 July 2017
ORDER :
July 2013 by which the State of Maharashtra has prescribed the
essential qualification for the post of Professor.
Petitioners submits that once the qualification is prescribed by the Central Council of Indian Medicine (CCIM), it is not
Devendra 1 / 3
922-WP-1686-2016.doc
permissible for the State Government to prescribe different qualification than the one which is prescribed by CCIM.
prescribed by CCIM for the post of Professor.
(i) ESSENTIAL:
a) A degree in Ayurved from a University established by law or a statutory Board/Faculty/Examining Body of Indian Medicine or its equivalent as recognized under Indian Medicine Central Council Act, 1970.
b) A Post-graduate qualification in the subject/specialty concerned included in the schedule to Indian Medicine Central Council Act, 1970.
(ii) EXPERIENCE:
a) For the post of Professor:
Total teaching experience of ten years in concerned subject is necessary out of which there should be five years teaching experience as Reader/Associate Professor in concerned subject.
Devendra 2 / 3
922-WP-1686-2016.doc
[RIYAZ I. CHAGLA J.] [B.R. GAVAI, J.]
Devendra 3 / 3
2 issues framed by the court
Whether the State Government can prescribe additional qualification requirements beyond those prescribed by the Central Council of Indian Medicine for the post of Professor.
Whether the requirement of adequate knowledge of English, Marathi, Sanskrit and Hindi languages falls within the permissible limits of the Supreme Court's precedent.
Colour shows how this judgement treated each authority
Dr. Sanjay Balkrishna Nandedkar
The State of Maharashtra
B.R. Gavai
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
