The question of equivalence between postgraduate diplomas and postgraduate degrees in medical education and service promotions has long been a subject of dispute in India. In its recent judgment in Dr. Sunil Dutt v. State of Himachal Pradesh & Ors. (CWP No. 6750 of 2025, decided on 23 September 2025), the Himachal Pradesh High Court emphatically held that there is no parity between a PG Diploma and a PG Degree when it comes to eligibility for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999.
The Court dismissed the writ petition filed by Dr. Sunil Dutt, who had challenged his ineligibility for promotion despite having extensive service experience and both a diploma and later an MD in Anesthesiology. The decision underscores the judicial trend of maintaining strict adherence to statutory qualifications, especially in medical education, where teaching and patient care are of paramount importance.
Background of the Case
Professional Journey of the Petitioner
2006–2007: Dr. Sunil Dutt completed his MBBS in 2006 and internship in October 2007.
2007–2008: Served as House Surgeon and Registrar at IGMC, Shimla.
2008–2013: Worked as a Medical Officer in the Health and Family Welfare Department, Chamba.
2013–2015: Pursued and completed Post Graduate Diploma in Anesthesiology from IGMC Shimla.
2015–2017: Medical Officer (Specialist), Regional Hospital, Chamba.
2017–2022: Senior Resident, Anesthesiology, at Pt. Jawahar Lal Nehru Government Medical College, Chamba.
2024: Completed MD Anesthesiology from Dr. Rajendra Prasad Government Medical College, Tanda.
2024–2025: Worked as Medical Officer (Specialist), later as Senior Resident in Anesthesiology, Chamba.
Armed with both experience and qualifications, the petitioner staked his claim for promotion to the post of Assistant Professor (Anesthesiology) under the 1999 Service Rules, which reserve 50% of posts for promotion from in-service candidates.
Legal Framework
Himachal Pradesh Medical Education Service Rules, 1999
- The Service Rules, 1999 govern recruitment and promotion in state medical colleges.
- Mode of Recruitment: 50% by promotion, 50% by direct recruitment.
- Eligibility for Promotion: Candidates must hold a recognised postgraduate degree (MD/MS or equivalent) in the concerned speciality and at least three years of teaching experience as Lecturer/Registrar/Demonstrator/Senior Resident/Chief Resident after completing post-graduation.
Appendix B of Rules
For an Assistant Professor, the essential qualification is:
- A recognised medical qualification under the Indian Medical Council Act, 1956.
- A postgraduate degree in the concerned speciality (MD/MS or equivalent).
- At least 3 years of teaching experience after post-graduation.
Annexure-II
For Anesthesiology, the prescribed postgraduate degree qualifications are:
- MD/MS in Anesthesiology
- FFARCS (UK/USA equivalent)
- Diplomas like DA (Diploma in Anesthesiology) are listed separately and not treated as equivalent to a degree.
Arguments of the Petitioner
Broad Interpretation of “Post-Graduation”:
- The petitioner argued that the term “post-graduation” used in the Rules includes both PG Degree and PG Diploma.
- He contended that since he had been appointed as Senior Resident after completing his diploma, his teaching experience from 2017–2022 should count toward the required three years.
Reliance on Regulations:
- He cited the Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (as amended in 2020), which allows both MD/MS/DNB/Diploma holders to be appointed as Senior Residents.
- He also relied on the Resident Doctor Policy, 2021, which recognises Senior Residency after both PG Degree and PG Diploma.
Supreme Court Precedent:
- The petitioner referred to Manish Sharma v. Director, Department of Medical Education & Research (Civil Appeal No. 4415 of 2011), where the Supreme Court left open the question of equivalence between diploma and degree, directing competent authorities to decide.
Arguments of the State
The State of Himachal Pradesh, supported by the Advocate General, countered:
- The minimum essential qualification under the Service Rules is a PG Degree or its equivalent.
- The phrase “after doing post-graduation” refers to a postgraduate degree only, not a diploma.
- The petitioner’s teaching experience, though substantial, was acquired before completion of his MD in 2024 and hence did not qualify.
- National Medical Commission’s Teachers Eligibility Qualifications, 2022, clearly require MD/MS/DNB for appointment as Assistant Professor, with no mention of a diploma.
Court’s Analysis
The Bench of Justice Vivek Singh Thakur and Justice Sushil Kukreja held:
Literal Interpretation of Rules:
- The Court observed that the essential qualification expressly requires a postgraduate degree in the concerned speciality.
- Since the diploma is not mentioned, it cannot be imported by interpretation.
Experience Requirement Linked to Degree:
- The clause requiring “three years of teaching experience after post-graduation” must be read in continuity with the essential qualification, i.e., a PG Degree.
- Hence, only teaching experience gained after MD/MS/DNB counts for promotion eligibility.
No Equivalence Established:
- The Supreme Court in Manish Sharma had left the question of equivalence to competent authorities.
- In this case, no competent authority has ever equated a diploma with a degree. Therefore, the petitioner’s reliance was misplaced.
Policy v. Rules:
- Though the Resident Doctor Policy, 2021 allows Senior Residency after a diploma, statutory service rules prevail over executive policies.
Judgment
The High Court dismissed the writ petition, holding that:
- PG Diploma and PG Degree are not equivalent for purposes of promotion under the 1999 Rules.
- The petitioner was rightly denied consideration by the Departmental Promotion Committee.
- His teaching experience prior to obtaining an MD in 2024 could not be counted.
- The interim order in his favour was vacated, and the petition stood dismissed.
Implications of the Judgment
1. For Medical Professionals
The judgment reaffirms that career advancement in medical education requires a postgraduate degree, not just a diploma. Many doctors who rely on diplomas for early service promotions may now have to pursue MD/MS/DNB degrees to remain eligible for higher academic posts.
2. For Medical Education Standards
By refusing to equate a diploma with a degree, the Court has emphasised quality and depth of specialisation, ensuring that Assistant Professors possess advanced theoretical and clinical expertise.
3. For Policy Makers
The decision highlights the need for clarity in service rules, as ambiguity between “post-graduation” and “postgraduate degree” often leads to litigation. The government may consider harmonising rules with NMC regulations to avoid future disputes.
4. For Residents and Registrars
While PG Diploma holders may continue to serve as Senior Residents, their teaching experience will not count for promotions unless they later complete a degree. This distinction creates a two-tier system within medical education services.
Conclusion
Himachal Pradesh High Court in Dr. Sunil Dutt v. State of H.P. (2025) has drawn a clear line: PG Diploma cannot be treated as equivalent to PG Degree for promotions to Assistant Professor. The judgment emphasises the primacy of statutory service rules, the necessity of clear qualifications, and the importance of academic rigour in medical teaching.
While it may appear harsh for in-service doctors holding diplomas, the decision ensures that the medical education system remains consistent with national standards, prioritising quality over quantity. Future reforms may, however, need to address the aspirations of diploma holders, possibly through bridge courses or special credits, but until then, no parity exists between PG Diploma and PG Degree in promotions.