CH. DEEPENDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus directing the respondents to adjust the petitioners against the regular vacancies of the post of Assistant Professors in the Department of Obstetrics and Gynecology, Micro-biology, Pharmacology, PMR and Pathology at Jawaharlal Nehru Institute of Medical Sciences, Porompat as per Rule 7(h) of the Time Scale Promotion (Regularly appointed Senior Residents/ Tutor/ Demonstrator/ Lady Demonstrator possessing Post Graduates degree) Rules, 2018 with effect from date the petitioners were appointed as Assistant Professor (Non-functional) on up-gradation.

(2.) The case of the petitioners is that on the recommendation of the duly constituted Selection Board, the petitioners 1 to 4 were appointed as Senior Residents in the Department of Obstetrics and Gynecology; petitioner No.5 was appointed as Tutor/Demonstrator in the Department of Micro-biology; petitioner No.6 was appointed as Tutor in the Department of Pharmacology; petitioner No.7 was appointed as Senior Resident in the Department of PMR and petitioner No.8 was appointed as Tutor/Demonstrator in the Department of Pathology at Jawaharlal Nehru Institute of Medical Sciences (JNIMS), Porompat.

(3.) Further case of the petitioners is that to provide an opportunity for promotion to the regularly appointed Senior Resident/ Tutor/ Demonstrator/Lady Medical Officer to the post of Assistant Professor, a Rule called Time Scale Promotion (Regularly appointed Senior Residents/ Tutor/ Demonstrator/ Lady Demonstrator possessing Post Graduates degree) Rules, 2018 [for short, "the Rules of 2018"] was framed by the second respondent. As per Rule 7 of the Rules of 2018, promotion to the post of Assistant Professor is to be made from amongst those persons holding the post of Senior/Tutor/Demonstrator/Lady Medical Officer having the qualifications and conditions stipulated in Rule 7. Rule 7(h) provides that the promotees should have to carry out duties of the original post i.e. Senior/Tutor/Demonstrator/Lady Medical Officer till they are adjusted against any regular vacancies of the post of Assistant Professor.