Assistant Professor In Central University Requiring MBBS Degree As Essential Qualification Would Be Entitled To Non-Practicing Allowance: Delhi HC

The Delhi High Court has clarified that an individual holding the post of Assistant Professor in Central University requiring MBBS degree as an essential qualification would also be entitled to a Non-Practicing Allowance.

In that context, the Bench of Justice Tushar Rao Gedela observed that, "The rationale behind grant of NPA appears to be in the form of an incentive to Medical Doctors in lieu of their private practice. This rationale apparently is predicated on the individual possessing a MBBS degree recognized by the Indian Medical Council Act, 1956 or the Dentists Act, 1948 as an essential qualification alone without anything further. Thus, an individual holding the post of Assistant Professor in Central University requiring MBBS degree as an essential qualification would also be entitled to NPA."

Counsels Gautam Narayan, along with others, appeared for the petitioners, while CGSC Dev P Bhardwaj, along with others, appeared for the respondents.

The petitioner filed a petition under Article 226 of the Constitution seeking various reliefs, including quashing certain letters and directives related to Non-Practicing Allowance (NPA). The petitioner argued that NPA was granted to medical faculty at Jawaharlal Nehru University (JNU) based on certain resolutions and orders dating back to 1977.

However, the University stopped NPA payments to the petitioners in January 2017, citing a clarification from the University Grants Commission (UGC). Despite repeated requests and reminders, the NPA remained withheld, leading the petitioner to file the present petition.

The Court held that the letter issued by the University where it held that the petitioners were not entitled to NPA and simultaneously directed recovery of the NPA paid to the petitioners was to be quashed and set aside. In light of the same, the University was directed to pay to the petitioners the arrears of the admissible NPA.

Appearances:

Petitioners: Counsels Gautam Narayan, Asmita Singh, Sukrit Seth

Respondents: Counsels Navdeep Singh, Devika Thakur, Ranvijay Singh, Apoorv Kurup, Nidhi Mittal, Gaur, Muskan Gupta, Dhruv, CGSC Dev P. Bhradwaj

Cause Title: Dr Mohan Rao & Ors. vs Jawarharlal Nehru University & Ors.

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