The Delhi High Court has provided clarification on a significant issue pertaining to Assistant Professors at Central Universities who are required to hold an MBBS degree. This explanation concerns their eligibility for Non-Practicing Allowance (NPA), a substantial component of their benefits package.
The Bench of Justice Tushar Rao Gedela examined the reasoning behind awarding non-public approval (NPA) to those who meet medical requirements in their verdict. The court noted that medical doctors receive compensation for not practicing privately when they are granted NPAs, acting as an incentive. This reasoning is predicated only on the ownership of an MBBS degree that has been validated by the Indian Medical Council Act, 1956, or the Dentists Act, 1948, and does not require any further qualifications.
The petitioner in the case that gave rise to this clarification was an assistant professor at a central university who was seeking a number of reliefs, including the resumption of NPA payments. The petitioner contended that NPA had been awarded to Jawaharlal Nehru University’s (JNU) medical faculty on the basis of earlier orders and resolutions that went back to 1977. But in 2017, the University stopped paying the petitioners’ NPA, citing an explanation from the University Grants Commission (UGC). The petitioner approached the court when the NPA was withheld after multiple requests.
Counsels Gautam Narayan and others represented the petitioners during the hearings, while CGSC Dev P Bhardwaj and others represented the respondents. The petitioner sought relief from specific NPA-related letters and orders in his action, which was founded on Article 226 of the Constitution.
The court’s ruling was crucial. It overturned the University’s letter ordering the recovery of NPA that had already been paid to the petitioners and refusing NPA to them. The University was also directed to reimburse the petitioners for the overdue admissible NPA.
This decision has wider ramifications since it strengthens and clarifies the rights and privileges of assistant professors at Central Universities who are qualified medical professionals with relation to non-practicing allowance.
SOURCE:
VERDICTUM
