ARUN GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE present petition has been preferred under Article 226 of the Constitution of India for quashing and setting aside the Notification No. F. 4 (7-2)/agmc/academic /faculty/2006/9706-25 dated 29. 4. 2006 whereby the respondent No. 3, Dr. Tapan Majumder has been appointed to the post of Assistant Professor, Microbiology in Agartala Government Medical College under the Health and Family Welfare Department, Government of Tripura and for directing the respondents No. 1 and 2 i. e. the State of Tripura and the Director of Health Services, Government of Tripura to appoint him to the post of Assistant Professor in Microbiology on regular scale in reference to the select panel prepared in pursuance to the advertisement dated 20. 11. 2004/20. 12. 2004 and also for prohibiting the respondent No. 3 to act as the Assistant Professor in Microbiology and not to fill up the post of Assistant Professor in Microbiology till the petitioner is appointed to the said post.

(2.) HEARD Mr. S. Talapatra, learned Senior Advocate assisted by Mr. B. Banerjee, learned counsel for the petitioner. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Chakraborty, learned counsel for the respondents No. 1 and 2 and Mr. Somik Deb, learned counsel for the respondent No. 3.

(3.) THE brief facts as stated on behalf of the petitioner are that he is in possession of degree namely, MBBS, DBMS (Path), DMCW, MD, FRCP. , Ph. D. (Tripoli) and has got teaching experience of nine yeas in India as well as in abroad. He was initially appointed as Medical Officer, Grade-III on 28. 8. 1991 under the Tripura Health Services (in short 'ths' ). An advertisement dated 20. 12. 2004 (Annexure-3 to the writ petition) was published by the Director of Health Services, State of Tripura for filling up certain post of Assistant Professors in different specialities including the Microbiology. The petitioner belonging to Microbiology applied to the post of Assistant Professor, Microbiology along with other aspirants in reference to the said advertisement. He was asked to appear before the Selection Committee vide Memorandum dated 22. 3. 2005 (Annexure-4 to the writ petition) on 4. 4. 2005. On completion of selection the State Government issued a Notification dated 26th May, 2005 (Annexure-5 to the writ petition) whereby as many as 12 persons were promoted to the post of Assistant Professor in other specialities. The State Government, in its wisdom and for reasons best known, did not fill up the post of Assistant Professor in Microbiology and subsequent thereto, as a stop gap arrangement, by notification dated 26. 5. 2005 (Annexure-5 to the writ petition) the Governor of Tripura was pleased to appoint the petitioner along with other Medical Officers of 'ths' in G. B. Pant Government Medical College to function as full time Tutor in Microbiology. In reference to this Notification dated 26. 05. 2005 (Annexure-5 to the writ petition), the petitioner joined the post of Tutor on 28. 05. 2005 Annexure-7 to the writ petition ). For the reasons best known to the State and its authorities, the select list in reference to the advertisement dated 20. 12. 2004, was not acted upon and subsequent advertisement dated 28. 11. 2005 was published in the local Bengali daily newspaper under its name and style Dainik Sambad on 1. 12. 2005 (Annexure-12 to the writ petition ). By the said advertisement, the Director of Health Services, Government of Tripura invited applications from the interested candidates having requisite qualifications and professional experiences as per Medical Council of India guidelines for the post Assistant Professor, Microbiology. In reference to the said advertisement, the petitioner submitted a representation/reference on 18. 12. 2005 (Annexure-8 to the writ petition) to the Director of Health Services, urging that being a Government servant, relaxation in prescribed age limit of 50 years to the post of Assistant professor (Microbiology) has to be given in his favour and since, the petitioner has already joined as 'tutor' therefore, his position and seniority in Medical College is to be maintained while filling up the post of Assistant Professor. The said advertisement dated 28. 11. 2005 was not acted upon by the State Government. At a subsequent stage, another advertisement dated 2. 4. 2004 was issued by the Director of Health Services (published on 3. 4. 2006 in the aforesaid newspaper namely, Dainik Sambad) (Annexure-13 to the writ petition), whereby, applications were invited to fill up the posts of Assistant Professor in 13 different specialities including Microbiology. In the said advertisement, it was specifically indicated that the maximum age limit of the candidates was 50 years as on the date of advertisement. In reference to the said advertisement dated 2. 4. 2006, many candidates excluding the petitioner, participated and the Selection Committee, after finalization of selection, issued a Notification dated 29. 4. 2006, selecting the respondent No. 3 for the post of Assistant Professor in Microbiology. The petitioner, however, has neither challenged the said advertisement dated 28. 11. 2005 nor the Notification dated 2. 4. 2006 and has only challenged the appointment of respondent No. 3 issued vide Notification dated 29. 4. 2006.