TUNGVIR SINGH ARYA Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court.-We have heard Shri A.R. Masoodi, learned counsel for the petitioner. Shri S.P. Gupta and Shri Navin Sinha, Senior Counsels assisted by Shri A.K. Srivastava appear for the respondent No. 4. Shri Satish Chaturvedi, Addl. Advocate General appears for the State respondents.

(2.) THE recruitment of the teaching stuff of Government Medical Colleges in the State of U.P. is regulated by the U.P. State Medical Colleges Teachers Service Rules, 1990 (in short the Rules of 1990). THE Rules have been amended by the Second Amendment in the year 2005 notified on 12.5.205, and by Third Amendment in the year 2006 notified on 13.11.2006. Prior to the amendments the post of Asstt. Professor was provided to be filled up by way of direct recruitment, and the post of Associate Professor and Professor could be filled up both by direct recruitment and promotion. THE Second Amendment to the Rules notified on 12.5.2005 made a provision of personal promotion to the post of Asstt. Professor/ Associate Professor as also the Professor, of which the procedure was prescribed under Rule 15. A substantively appointed Lecturer after completing 3 years satisfactory service was entitled to personal promotion as Asstt. Professor along with his own post. Under Rule 15 (2) after completing four years a Lecturer or Asstt. Professor appointed substantively was entitled to personal promotion with his own post to the post of Associate Professor, and after completing two years, and if he possesses D.M./M.C.H. qualification. Under Rule 15 (3) an Associate Professor substantively appointed as Lecturer/ Asstt. Professor/ Associate Professor was entitled to personal promotion with his own post after completing 6 years of satisfactory service as Associate Professor or 8 years of satisfactory service as Asstt. Professor including 4 years as Associate Professor.

(3.) THE dispute in the present case has arisen from the proceedings initiated by the U.P. Public Service Commission to fill up the posts of Principals in the State Medical Colleges in the U.P. under Rule 5 (iv), forwhich eligibility condition is provided in Table-I of Rule 8 and which provides that for the post of Principal/ Dean/ Director of medical institutions the academic qualifications are : "who possess the recognized post graduate medical qualifications and other academic qualifications from a recognized institutions with a minimum of 10 years teaching experience as Professor/ Associate Professor/ Reader in a Medical College/ institute out of which atleast 5 years should be as Professor in a department. THE preference for these appointments may be given to the Head of the Department.