Srinagar – The Jammu and Kashmir High Court has clarified that medical colleges are not obligated to fill 30% of faculty positions with non-medical candidates, even though the Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (MCI Regulations) allows it.
Court Ruling on Non-Medical Faculty Recruitment
A Division Bench comprising Justice Sanjeev Kumar and Justice Puneet Gupta ruled that while MCI regulations permit non-medical faculty appointments up to 30%, this provision is not a mandatory requirement.
The ruling came in response to a case against Sher-i-Kashmir Institute of Medical Sciences (SKIMS), where a candidate with an M.Sc. and Ph.D. in Pharmacology challenged an advertisement for Assistant Professor (Non-Medical) in Clinical Pharmacology. The candidate was not considered for the position, prompting legal action.
Case Background
- 2012: SKIMS advertised four Assistant Professor positions in Clinical Pharmacology. Only two were filled, leaving two posts vacant.
- 2016: A fresh advertisement led to six applications. The most meritorious candidate, a medical professional, scored 70 points out of 100, while the petitioner scored 48 points—below the 50-point eligibility benchmark.
- 2021: SKIMS issued another advertisement without specifying “medical” or “non-medical” streams. The petitioner did not apply.
- 2022: After his previous claim was rejected, he approached the Writ Court, which ruled in his favor.
- 2023: SKIMS challenged the decision, leading to the current HC ruling that the 30% non-medical quota is discretionary, not mandatory.
Key Takeaways from the Judgment
- Medical colleges are not required to appoint non-medical faculty up to 30% of total posts.
- Institutions have the discretion to determine whether to include non-medical faculty in their hiring process.
- Candidates must meet merit-based selection criteria rather than relying solely on non-medical quota provisions.
This decision upholds the autonomy of medical institutions in faculty recruitment and sets a precedent for similar cases nationwide.
