S.B.SINHA, J. - (1.) LEAVE granted.
(2.) THESE two appeals being inter-related and arising out of a common judgment were taken up for hearing together and are being disposed of by this common judgment. Regional Institute of Medical Sciences (for short "RIMS") is a Society registered under the Societies Registration Act. Dr. (Mrs.) S. Bhagyabati Devi (for short "Bhagyabati") and Dr. Taruni Ngangbam (for short "Taruni") have been working in RIMS. Dr. Taruni was appointed as a Medical Officer (SPM) in the year 1983. She did her post graduation in the year 1992. In terms of the rules framed by the Executive Council of RIMS, she could be considered for promotion to the post of Assistant Professor on the expiry of 10 years of working in the post of Medical Officer. She was promoted with effect from 1.2.1995 in the post of Assistant Professor by an Order dated 8.4.1999. Dr. Bhagyabati was appointed as a Medical Officer in the year 1984. She completed her post graduation in June, 1996. On completion of 10 years, she was appointed as an Assistant Professor with effect from 1.7.1998. It is not in dispute, that both Dr. Taruni and Dr. Bhagyabati have since been appointed as Associate Professors. Dr. Bhagyabati filed a writ petition before the Imphal Bench of the Gauhati High Court inter alia questioning the seniority assigned to Dr. Taruni on the plea that she having never held any teaching post while acting as Medical Officer(SPM) was not entitled to promotion to the post of Assistant Professor. The learned Single Judge having regard to the fact that both Dr. Taruni and Dr. Bhagyabati had further promoted to the post of Associate Professor did not disturb the said appointments, but directed that Dr. Bhagyabati shall be treated to be senior to Dr. Taruni.
(3.) BY reason of the impugned judgment, the Division Bench has upheld the impugned judgment of the learned Single Judge. Both RIMS and Dr. Taruni are, thus, before us. We may at the outset notice the relevant rules. As indicated hereinbefore, Rules were framed by the Executive Council in exercise of its power conferred upon it under the Constitutional Bye Laws of the Regional Institute of Medical Sciences. The constitution of the Society was approved in a Special Annual General Body Meeting held on 4.2.1995. The Executive Council has been constituted in terms of clause (9) of the said constitution. Clause (11) provides for the powers and functions of the Council. In exercise of its power conferred under Rules 17(B) and 31 of the Constitutional bye laws of the Regional Institute of Medical Sciences, Imphal, the Chairman, Executive Council framed rules known as Time Scale Promotion Rules, 1991 (The Rules). "Registrar Grade" has been defined in Rule 3(d) of the said Rules inter alia to include Medical Officer (Teaching and Non-Teaching). Rule 3(g) defines teaching post to mean all posts inter alia in the grade of Registrar. Rule 4 provides for Time Scale Promotion in the following terms:- "The Scheme is in the nature of a flexible complementing Scheme wherein no additional posts are created, the existing persons on the basis of critical assessment are promoted to the next higher level or scales are upgraded without altering the combined authorized strength of posts." ;