M.Y.EQBAL, J. - (1.) IN this writ petition the petitioner seeks a direction upon the authorities of the respondent Ranchi Institute of Neuro Psychiatry and Allied Sciences (in short RINPAS) to promote her on the post of Associate Professor (Clinical Psychology) with effect from 1.9.2003 and further for quashing the order as contained in letter No. 1535 dated 5.6.2004 and the decision of the Managing Committee of RINPAS declaring the petitioner ineligible for promotion to the said post.
(2.) PETITIONER was appointed and joined as Junior Clinical Psychologist (Teaching Post) in the RINPAS. After joining, she did her Ph.D. in Clinical Psychology in February 2000. In June 2000, respondents issued advertisement in the Newspaper inviting application for direct recruitment of Teachers. However, no appointments were made on the basis of the said advertisement and the respondent decided to fill up the vacant posts through promotion. In 2003, the Managing Committee of RINPAS took up the matter of promotion of faculty members in its 25th meeting dated 28.7.2003 and constituted a Sub -Committee for examining and deciding the matter for promotion of faculty members. The Sub -Committee after examining the cases of the candidates did not find the petitioner suitable for promotion for the present, since she did not have requisite Post Doctoral Experience. The said decision of the Sub -Committee was finally approved by the Managing Committee in its 26th meeting. Mr. M.S. Anwar, learned Senior Counsel appearing for the petitioner assailed the impugned decision of the Committee as being illegal, arbitrary and unjustified. Learned counsel submitted that two Assistant Professors in Clinical Psychology i.e. the petitioner and one Dr. Lok Mani Sahu joined the post in 1997 and both of them belong to the general category. Learned counsel submitted that although two posts of associate Professor in general category were lying vacant but Dr. Sahu has only been promoted to the said post. Petitioner who was having requisite qualification has not been given promotion. According to the learned counsel, the cases of the petitioner and Dr. Lok Mani Sahu are same and similar as both of them have experience as Assistant Professor since 1998. Learned counsel submitted that Dr. Sahu has been promoted on the post of Associate Professor in Clinical Psychology with effect from 1.9.2003 on which date petitioner was having requisite qualification.
(3.) MR . A.K. Sinha, learned Advocate General on the other hand submitted that cases of the petitioner and Dr. Lok Mani Sahu are not exactly the same and similar, inasmuch as Mr. Sahu did his M. Phil in the year 1990 and Ph.D. in the month of December, 1998, whereas the petitioner did her M. Phil in 1996 and Ph.D. in February, 2000. Learned counsel submitted that Dr. Sahu completed his Post Doctoral Experience in December, 2003 and so far petitioner is concerned, she has completed her Doctoral Experience of five years in February 2005.;