KUNDAN KUSHWAH Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) The petitioner before this Court, serving as an Asstt. Professor, Orthopaedics at Mahatma Gandhi Memorial Swashasi Medical College, Indore, has filed this present writ petition for issuance of an appropriate writ, order or direction for quashing order dt. 17/11/09 passed by the respondent No.3. The contention of the petitioner is that he is Doctor by profession and has completed his MBBS course from Indore University in the year 1991 and has obtained a Master's Degree in Orthopaedics in the year 1994. Petitioner has further stated that he was appointed at Mahatma Gandhi College (an autonomous college) on 12/10/2004 and submitted his joining on 18/10/2004 . Petitioner has further submitted that he was regularised vide order dt. 16/4/07 on the post of Asst. Professor, Orthopaedics. The contention of the petitioner is that he is a member of Scheduled Tribe and the State of MP has enacted MP Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 and the petitioner being a Scheduled Tribe is covered under the provisions of the MP Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994. Petitioner has further stated that the respondents are duty bound to follow the statutory provisions as contained under the MP Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 and also the Circular providing reservation, issued by the General Administration Department dt. 25/9/97.

(2.) Petitioner has further stated that there are 3 posts of Asstt. Professor of Orthopaedics at Mahatma Gandhi Memorial College & Swashasi Medical College, Indore, out of which one post is reserved for SC / ST / OBC and two other posts are meant for General category. Petitioner has further stated that one Dr. Dinesh Sonkar who hails from reserved category was holding the reserved post and he was transferred on promotion vide order dt. 1/5/07 to Rewa Medical College. Petitioner has further stated that the respondent No.4 was transferred as an Associate Professor by an order dt. 10/9/07 ignoring the fact that the third post was to be filled by a candidate belonging to a reserved category. Petitioner has further stated that respondent No.4 could not have been transferred to an autonomous institution as the services are not transferable and promotions are required to be done only from persons working with respondent No.3 autonomous college. Petitioner has further stated that as per the Model Roaster prepared from time to time by the State Government, the said post of Associate Professor is to be alloted to a ST candidate and the petitioner belongs to the ST category. Petitioner has also enclosed the Rules of 2002 known as MP Lok Seva Promotion Rules, 2002 along with the writ petition. Petitioner has further stated that a writ petition was preferred before this court in the year 2007 and the same was registered as WP NO. 602 / 2007 (s) and this court has disposed of the aforesaid writ petition WP NO. 602 / 2007 (s) on 7/4/08, on the ground that it was premature and a liberty was granted to the petitioner to seek requisite relief at appropriate stage in accordance with law. Petitioner has further stated that he has completed 5 years experience required for the post of Associate Professor on 17/10/09 and therefore a representation was submitted by him to the authorities for appointing him as an Associate Professor on the vacant post reserved for ST only. Petitioner has further stated that he was informed vide Annexure P/1 that there is no vacant post of Asstt. Professor in the Department of Orthopaedics and therefore, the petitioner left with no other choice has approached this Court, challenging (Annexure P/1) dt. 17/11/09. Petitioner's further grievance is that the third post which is exclusively reserved for the candidates belonging to the reserved category could not have been filled by posting respondent No.4. who is a person belonging to General category and once the petitioner has acquired the requisite experience in 2009 as Associate Professor, he is entitled to be promoted against the reserved vacancy.

(3.) Petitioner has further stated that one Dr. Manish who hails from reserved category was promoted as Associate Professor by the respondents and one Dr. Ramsharan Raikwar has also been promoted as Associate Professor.