The Rajasthan High Court has intervened in a case concerning eligibility criteria for Assistant Professors in medical colleges, holding that the National Medical Commission (NMC)'s FAQ clarification overrides the requirement of one-year Senior Resident experience. This judgment underscores the primacy of statutory clarifications over rigid administrative rules, particularly when such clarifications expand eligibility for government posts.
Background & Facts
The Dispute
The petitioner, Dr. Sunder Kishor, a registered medical practitioner, applied for the post of Assistant Professor (General Surgery) under the Department of Medical Education, Government of Rajasthan. His candidature was rejected on the ground that he lacked the mandatory one-year experience as a Senior Resident in a medical college, despite possessing a NMC/MCI-recognised postgraduate degree and cumulative work experience of two years in a government hospital of 220 beds after obtaining his postgraduate qualification.
Key Facts
- The petitioner holds a NMC/MCI-recognised postgraduate degree in General Surgery
- He has cumulative work experience of two years in a government hospital of 220 beds after obtaining his postgraduate degree
- The National Medical Commission Postgraduate Medical Education Board (PGMEB) issued FAQs dated 28.10.2025 (Annex.9), clarifying that:
"Any Registered Medical Practitioner (Non-teaching Consultant, Specialist, Medical Officer, Senior Resident etc.) possessing a NMC/MCI-recognised postgraduate degree qualification and having cumulative work experience of 2 years in any government hospital of 220 beds AFTER OBTAINING POSTGRADUATE DEGREE, will be eligible to become Assistant Professor of the specialty in which they hold the recognised postgraduate qualification without the requirement of one year experience as senior resident in a medical college"
- The petitioner cleared the written examination for the post
- The respondents issued a final select list dated 08.06.2026 (Annex.11), excluding the petitioner’s name
- A Press Note dated 11.06.2026 (Annex.13) scheduled interviews for General Surgery from 29.06.2026 to 03.07.2026, from which the petitioner was excluded
Procedural History
- The petitioner filed S.B. Civil Writ Petition No. 13145/2026 before the Rajasthan High Court at Jodhpur on 01.07.2026
- The matter was listed before Hon’ble Dr. Justice Nupur Bhati
- Notice was issued to the respondents, returnable within four weeks, with a stay application
Relief Sought
The petitioner sought:
- Inclusion in the interview process for the post of Assistant Professor (General Surgery)
- Quashing of the rejection order based on the lack of one-year Senior Resident experience
- Appointment to the post in accordance with the NMC’s FAQ clarification
The Legal Issue
The central question was whether the NMC’s FAQ clarification, which exempts candidates with two years of cumulative work experience in a government hospital of 220 beds from the one-year Senior Resident requirement, overrides the administrative rules applied by the respondents to reject the petitioner’s candidature.
Arguments Presented
For the Petitioner
- Relied on the NMC’s FAQs dated 28.10.2025, which explicitly state that one-year Senior Resident experience is not mandatory for candidates with two years of cumulative work experience in a government hospital of 220 beds after obtaining a postgraduate degree
- Argued that the respondents’ rejection of the petitioner’s candidature was arbitrary and contrary to the NMC’s clarification
- Contended that the petitioner cleared the written examination, demonstrating his eligibility and merit, and should not be deprived of the opportunity to participate in the interview
For the Respondents
(No arguments were recorded in the judgment, as the matter was listed for notice and interim relief.)
The Court's Analysis
The Court observed that the NMC’s FAQ clarification was binding and overrode any conflicting administrative rules that mandated one-year Senior Resident experience. The Court noted:
"Once the Medical Council of India (now NMC) has clarified that in cases where a person has the requisite qualification as laid down, the requirement of having one year of experience as a Senior Resident in a Medical College would not be mandatory, then the respondent could not have rejected the petitioner's candidature solely for the reason that he does not have the requisite one year's experience as a Senior Resident."
The Court further emphasized that the petitioner had already cleared the written examination, and excluding him from the interview process would deprive him of a fair opportunity to compete for the post. The Court held that the respondents’ action was arbitrary and contrary to the NMC’s clarification, which had the force of law in determining eligibility criteria.
The Verdict
The Court issued the following directions:
- The respondents shall permit the petitioner to participate in the interview for the post of Assistant Professor (General Surgery) scheduled from 29.06.2026 to 03.07.2026
- The petitioner shall not be given appointment without prior leave of this Court
- Notice was issued to the respondents, returnable within four weeks, along with notice of the stay application
What This Means For Similar Cases
NMC Clarifications Override Rigid Administrative Rules
- Practitioners and candidates should note that NMC’s FAQs and clarifications have binding effect and override conflicting administrative requirements
- Government departments cannot reject candidates based on outdated or rigid rules if the NMC has issued a contrary clarification
- This judgment reinforces that eligibility criteria must align with statutory clarifications, not just internal departmental rules
Fair Opportunity Must Be Extended to Eligible Candidates
- Clearing written examinations creates a legitimate expectation for candidates to participate in subsequent stages of selection
- Arbitrary exclusion from interviews or selection processes violates principles of natural justice and can be challenged under Article 14 of the Constitution
- Courts are likely to intervene where administrative actions are contrary to statutory clarifications or deprive candidates of fair opportunities
Two Years of Cumulative Experience Suffices for Assistant Professor Eligibility
- Candidates with two years of cumulative work experience in a government hospital of 220 beds after obtaining a postgraduate degree are eligible for Assistant Professor posts without the one-year Senior Resident requirement
- This expands the pool of eligible candidates and reduces barriers to entry for qualified medical practitioners seeking teaching positions
- Government departments must update their eligibility criteria to reflect NMC’s clarifications and avoid unnecessary litigation
