HIRAK DAS Vs. STATE OF ASSAM AND 8 ORS
LAWS(GAU)-2018-10-12
HIGH COURT OF GAUHATI
Decided on October 01,2018

Hirak Das Appellant
VERSUS
State Of Assam And 8 Ors Respondents

JUDGEMENT

L. S. Jamir, J. - (1.) Both the writ petitions having common cause of action are being disposed of by this common judgment and order. Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. B. Deka, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Health Department appearing for the respondent Nos. 1 to 4 and Mr. G. Uzir, learned senior counsel assisted by Mr. M. Saikia, learned counsel appearing for the respondent Nos. 5, 6, 7 and 9 in W.P (C) 2167/2016 and the respondent No. 5 and 6 in W.P (C) 3816/2016 and Mr. M. Khatanair, learned counsel appearing for the respondent No. 8 in W.P (C) 2167/2016. 1. Mr. K.K. Mahanta, learned senior counsel appearing for the petitioner submits that on completion of MBBS Degree, the petitioner obtained his graduation degree in Anatomy from the Guwahati Medical College & Hospital. Thereafter, the petitioner joined at Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu on 17-08-2009 as an Assistant Professor and continued as such till 30-10-2010. The petitioner being selected by the Assam Public Service Commission (APSC in short) was appointed as a Demonstrator of Anatomy along with eight others by a Notification dated 10-12-2010 and was posted at Silchar Medical College. After serving for 7 months in the Silchar Medical College, the petitioner was transferred to Assam Medical College & Hospital, Dibrugarh as Assistant Professor. Further, the petitioner was again transferred to Silchar Medical College in the same capacity wherein, he joined on 03-01-2013. Again, the petitioner was transferred to the Assam Medical College & Hospital, Dibrugarh and he joined to the said post on 04-04-2013. The petitioner was again transferred to the Gauhati Medical College on 30-06-2015 and since then, he is still continuing in the same college.
(2.) Learned senior counsel for the petitioner submits that the petitioner has four publications as first author in Indexed National Journal and is eligible to be promoted to the rank of Associate Professor. It is submitted that the promotion to the rank of Associate Professor from Assistant Professor is governed by the Assam Medical Education Services Rules, 2008 ( the Rules of 2008 in short) more particularly, Rule 11 (ii) which provide that a member of the service holding the post of Assistant Professor (Senior Scale-1) shall be eligible for promotion to the rank of Associate Professor (Senior Scale-II) in accordance with MCI Regulations provided the Governor is satisfied about his/her ability integrity and character. Learned senor counsel for the petitioner submits that as per the Regulations of the Medical Council of India (MCI in short) to become eligible for promotion to Associate Professor from the grade of Assistant Professor there is requirement of five years of teaching experience which can be reduced to four years only if the incumbent has two publications in the National and International Journal as First Author during the period of service as Assistant Professor.
(3.) Learned senior counsel for the petitioner submits that in terms of the Rules of 2008 and the MCI Regulations, the petitioner is eligible for promotion to the rank of Associate Professor with effect from 21-05-2014 on which date, he completed four years of teaching experience as an Assistant Professor. Further, by that date, no one above the petitioner in seniority was eligible for promotion. Therefore, the petitioner made a representation on 13-03-2014 praying for promotion to the rank of Associate Professor. It is also submitted that a Departmental Promotion Committee (DPC) was held on 09-09-2014. However, the said DPC did not consider the case of the petitioner and therefore, the petitioner submitted a representation dated 07-10-2014 before the Commissioner, Department of Health & Family Welfare (B), Government of Assam praying for promotion to the post of Associate Professor of Anatomy. The said representation was forwarded by the Director of Medical Education Assam to the respondent No. 1 by forwarding letter dated 08-10-2014 by observing that to become Associate Professor, one requires five years service as Assistant Professor which can be reduced to four years only if the incumbent has two publications in National or International Journal as First Author during the period of Assistant Professor. In the meantime, the MCI by a communication dated 18-03-2015 wrote to the petitioner replying to his application dated 05-02-2015 informing that the Council has considered the documents of the petitioner's academic qualification, teaching experience and research publication and found that the petitioner is eligible for the post of Associate Professor in the Department of Anatomy in a Medical College as per the Rules and Regulations of the Council.;


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