RAGHVENDRA S.CHAUHAN, J. - (1.) Aggrieved by the final seniority list dated 02.01.2010, and by the promotion order dated 01.07.2014 the petitioner, Dr. Aadamali Nadaf, has approached this Court.
(2.) The brief facts of the case are that on 10.07.2008, the Karnataka Institute of Medical Sciences (KIMS for short), issued a notification inviting applications from eligible candidates for the post of Assistant Professor for the said Institute. The interviews were held on 21/22.07.2008. The petitioner was selected on 11.08.2008 for the said post. Subsequently on 30.08.2008, the KIMS issued appointment letter in favour of the petitioner. The petitioner joined the said post on 04.09.2008. Meanwhile, the respondent No.3, Dr. Sunil Kumar Biradar, was also selected along with the petitioner for the post of Assistant Professor. In the selection list, respondent No.3 was declared to be less meritorious than the petitioner. However, the respondent No. 3 joined the post on 08.08.2008, whereas the petitioner joined the post on 04.09.2008. Thus, the petitioner joined the service later than the respondent No. 3. While both the petitioner and respondent No. 3 were working as Assistant Professors, on 08.09.2009 the respondent No. 2, KIMS, issued a provisional seniority list with regard to the post of Assistant Professors working in the Forensic Medicine Department. In the provisional seniority list, respondent No. 3 was shown as being more senior to the petitioner. Therefore, the petitioner filed his objections against the said seniority list before the KIMS. Subsequently, on 02.01.2010, the KIMS published a final seniority list. However, not withstanding the objections submitted by the petitioner, the petitioner was still shown as being junior to respondent No.3 in the final seniority list. Hence, the petitioner 's first challenge to the seniority list dated 02.01.2010.
(3.) Furthermore, on 19.06.2014, the KIMS convened a Departmental Promotion Committee, ( 'DPC ' for short), for considering the promotion from the post of Assistant Professor to the post of Associate Professor. The basis for the said promotion is seniority -cum -merit. Considering the fact that respondent No. 3 was shown to be more senior to the petitioner, by recommendation dated 01.07.2014, the DPC recommended the name of respondent No. 3 for promotion to the post of Associate Professor.;