Ashok Bhushan JUDGMENT
Ashok Bhushan, J.
1. This appeal has been filed questioning the judgment dated 20.07.2015 of Armed Forces Tribunal, Principal Bench, Delhi by which O.A. No. 428/2013 filed by the Appellant has been dismissed. The Appellant was commissioned in the army in Armed Forces Medical Services (AFMC) on 06.04.1984, received his promotion to the rank of Colonel with effect from 01.01.2007. On 15.11.2011 the Appellant was considered for promotion to the rank of Brigadier by Promotion Board (Medical) but could not be selected for promotion. Appellant had filed a statutory complaint against the non-promotion by the Board. The competent authority duly examined the statutory complaint and by decision dated 08.04.2013 granted partial redress by expunsion of the entire assessment of the SRO in CR 2010. On 19.06.2013, Appellant was considered for promotion by Review Promotion Board (Medical) but could not be selected. Being aggrieved by non-promotion, Appellant filed O.A. No. 428/2013. The O.A. has been dismissed by the Armed Forces Tribunal vide judgment dated 20.07.2015 aggrieved by said judgment this appeal has been filed.
2. The Appellant's case before the Tribunal was that in his consideration for promotion he was denied marks for Ph.D. degree in Anthropology (Science) awarded to him by Berhampur University in 1998. He further questions non granting of any mark for his Post Graduate training qualification obtained from G.S.V.M. Medical College, Kanpur and further no marks were awarded on his Master degree in Personnel Management in 2005 obtained from Pune University. The Tribunal although accepted the claim of grant of mark for Master degree in Personnel Management but rejected the claim of the Appellant for grant of any mark for Ph.D. degree as well as Post Graduate training in Pediatrics.
3. Shri Yashank P. Adhyaru, learned senior advocate appearing for the Appellant contends that the Ph.D. degree awarded by Berhampur University, which university was competent to award Ph.D. degree, was fully entitled to be awarded marks by Promotion Board (Medical). He submits that the grant of Ph.D. degree was not dependent on any recognition by Medical Council of India. Relying on a letter dated 15.12.2017 addressed by Government of India to the Director (Medical), Central Organisation ECHS, Delhi Cantt., where it has been clarified that Medical Council of India has informed that recognition of Ph.D. degree does not come under the purview of Medical Council of India, it is submitted that the denial of marks to the Appellant was illegal. He further submits that Post Graduate training obtained from a recognised medical institution by the Appellant was also entitled to be awarded marks. He further submits that the promotion policy which was earlier issued in the year 2004 could not have been reviewed before five years as was contemplated by policy dated 14.01.2004. The amendment of policy by subsequent policy dated 22.05.2006 was not valid. He submits that had the Appellant been granted the marks by Promotion Board (Medical) on the aforesaid two counts he would have surely been promoted to the rank of Brigadier. Non promotion had adversely affected him which needs to be redressed by this Court.
4. Learned Counsel appearing for Union of India refuting the above