LAWS(GAU)-2020-3-53

HIRAK DAS Vs. STATE OF ASSAM

Decided On March 03, 2020
Hirak Das Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This judgment shall dispose of 2(two) writ appeals, namely, Writ Appeal No.263/2019, which has been filed in challenge to judgment rendered in WP(C) No.2167/2016 (Dr. Hirak Das -Vs- State of Assam & 8 Ors.) AND Writ Appeal No.26/2019 that was filed in challenge to decision rendered in WP(C) No.3816/2016 (Dr. Hirak Das -Vs- State of Assam & 5 Ors.). Both the writ petitions were decided/dismissed vide the common judgment dated 01.10.2018, hence, both the appeals are being dealt with by virtue of a single judgment. For reference to record, we are referring to the record of Writ Appeal No.263/2016, which has been filed in context of WP(C) No.2167/2016 (supra). The said writ petition was filed for quashing order dated 23.02.2016 whereby the claim of the petitioner for promotion to the post of Associate Professor was rejected.

(2.) The skeleton of facts required for adjudication is that writ appellant/writ petitioner completed his MBBS Degree from Gauhati Medical College & Hospital. Thereafter, the writ appellant completed his MD in Anatomy from Gauhati Medical College & Hospital. The writ appellant joined Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu on 17.08.2009 as Assistant Professor and served as such till 30.10.2010. It has been asserted that the said College is recognized by Medical Council of India.

(3.) It is an admitted fact that the writ appellant/writ petitioner resigned from the post of Assistant Professor in Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu on 30.10.2010, and was relieved on the same day.