In a significant judgment, the Madurai Bench has ruled that once a degree is held to be equivalent to another degree, its equivalence shall take force since the inception of the degree.
The court was allowing a petition from Uma Mohanraj, an assistant professor at the Madurai Medical College, to include her name in the promotion panel for the post of associate professor.
According to Uma, after completing MBBS in 2001 she obtained a Diploma in Obstetrics & Gynaecology (O&G) in 2001 with the nomenclature Diplomate of the National Board (DNB). Subsequently, she obtained a MD degree in paediatrics and was working in the Department of O&G for over nine years.
On Sept 24 this year, the DME published a panel of assistant professors eligible for promotion as Associate Professor. Uma’s name was not included in the panel on the grounds that she did not possess a MD or MS degree in O&G.
However, Uma contended that the DNB obtained by her is considered equivalent to MD in O&G. On May 16, 2012, the State Health Department had issued an order stating that DNB qualification may be considered equivalent to MD/MS degree (including for promotion) with effect from the date of issue of the order.
Countering, the Government Advocate said that from the date of issue of the Government Order, if the service of the petitioner as assistant professor is taken into account she has not completed the minimum 5-year service, and she was ineligible for promotion.
Rejecting the argument, Justice S Nagamuthu said that if a degree is found equivalent to the other, then it shall be deemed that they are always equivalent from inception. It is not as though DNB takes a different shape and becomes equivalent to MD degree in O&G only by the issuance of the GO.