Pramath Patnaik, J. - (1.) In the aforesaid writ application, the petitioners have sought for direction upon the respondents to promote them to the post of Assistant Professor from their respective date of entitlement of such promotion.
(2.) The brief facts of the case are that all the petitioners joined the post of Tutors in the Department of Pathology at Rajendra Institute of Medical Science (hereinafter referred to in short as 'RIMS') in different dates in the year 2005-06. It has been averred that similarly situated tutors in the RIMS have been given promotion in view of the MCI Rules to the post of Assistant Professor after completion of three years as tutors. Although, some of the tutors before completion of three years as Senior Resident/tutor have been promoted to the post of Assistant Professor as mentioned in paragraph 11 of the writ application, in view of the 11th meeting of the Governing Body of RIMS held on 10.09.2005. It has been averred in the writ application that though in other departments promotion has been given to the tutors, but in the Department of Pathology except Dr. Lalita Khess, no such promotion has been given in the post of Tutor/Registrar/Senior Resident. From time to time, the respondents have invited applications for filling up the post of Assistant Professor in the Department of Pathology. As per the decision of the Governing Body 50 % of the vacancies are to be filled up by the promotion. Since the case of the petitioners was not considered for promotion, the petitioners submitted their representations vide Annexure-8 series. In spite of representations submitted by the petitioners, the respondents have been taking steps to fill up the post of Assistant Professor directly by way of fresh appointment. Therefore, being aggrieved by the indifferent and lackadaisical attitude on the part of the respondents coupled with inaction, the petitioners have been compelled to agitate their grievance under Section 226 of the Constitution of India.
(3.) Learned counsel for the petitioners has vehemently argued that the petitioners after completion of three years on the post of tutors are entitled to be considered for promotion to the post of Assistant Professor as per the MCI rules. Learned counsel for the petitioners further submits that though similarly situated tutors have been given promotion to the post of Assistant Professor, non-consideration of the case of the petitioners for granting promotion to the said post, amounts to hostile discrimination being violative of Article 14 and 16 of the Constitution of India. Learned counsel further submits that as per the decision of the Governing Body 50% of the post of Assistant Professor are to be considered for promotion from the post of tutors to the Assistant Professor.;