LOHIT KUMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is an Assistant Professor in the Department of Oncology at Gauhati Medical College & Hospital (GMCH), Guwahati. His initial appointment as Registrar in the same department was on recommendation of the Assam Public Service Commission through Notification dated 17.7.2009, to which post he joined on 1.8.2009. His present rank as Assistant Professor came about vide Notification dated 4.8.2011, with date of joining on 5.8.2011.

(2.) IN so far as creation of posts for Oncology Department in GMCH is concerned, the Government of Assam in the Health and Family Welfare (B) Department vide Notification dated 19.3.08 had conveyed the sanction of the Governor of Assam towards creation of 29 (twenty nine) posts for the said department, inclusive of 2 (two) posts in the rank of Associate Professor of Oncology, which is the next promotional post from the rank of Assistant Professor.

(3.) AN Agenda Note was prepared by the Appointing Authority for the Selection Committee Meeting that was scheduled on 22.11.2013 for filling up certain vacant posts by way of promotion in the various departments of the Medical Colleges of the State for the year 2013. The name of the petitioner found place in the Agenda Note against one of the sanctioned post of Associate Professor in the Department of Oncology and under the particular columns, it was shown that he had joined as Assistant Professor on 5.8.2011 and had completed 2 (two) years in the said rank. The Selection Committee which sat on the scheduled date i.e. 22.11.13 rendered opinion to the effect that there was no eligible candidate for promotion to the post of Associate Professor in Oncology Department. The first chapter ended here.