- (1.) The petitioner has approached this Court praying for-- a) Issuance of an appropriate writ(s), order(s), direction(s) or writ in the nature of mandamus commanding upon the respondents to give promotion to the petitioner on the post of Professor in the Department of Physiology, RIMS, Ranchi with effect from 18.10.1998 as the petitioner is entitled for the same as per the MCI Rules, and as has been done in other Department of RIMS. b) Direction upon the respondents for payment of the consequential benefits that would accrue if the petitioner is given promotion on the post of Professor with effect from 18.10.1998. The brief facts as disclosed in the writ petition are that, the petitioner was appointed on 17.7.1981. He joined as Tutor in the department of Physiology in Ranchi Medical College Hospital, Ranchi on 18.10.1986. The petitioner was promoted to the post of Assistant Professor with effect from 30.9.1989 vide notification dated 8.4.2004 and she was granted-promotion to the post of Associate Professor on 1.4.2004 by notification dated 14.10.2006. The petitioner, has approached this Court relying on a notification dated 23.11.1976 of the Government of Bihar which provides the minimum length of service for becoming eligible for promotion on the post of Assistant Professor and Associate Professor. The petitioner has also relied on notification dated 17.12.1990 which prescribes minimum three years experience for promotion on the post of Assistant Professor and for promotion on the post of professor, the minimum teaching experience has been prescribed as four years. The petitioner has stated in the writ petition that she was eligible for promotion on the post of Assistant Professor with effect from 18.10.1989 and on the post of Associate Professor from 18.10.1994. She has further claimed that she is entitled for grant of promotion to the post of Professor from 18.10.1998 as per the MCI Rules.
(2.) A counter-affidavit has been filed on behalf of the respondent-State of Jharkhand resisting the claim of the petitioner.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;