(1.) Heard Shri H. Sarma, learned counsel for the petitioner. Also heard Shri A.K. Bhuyan, learned counsel appearing for the respondent Nos. 5 to 10 and Shri B. Gogoi, learned standing counsel appearing for the respondent Nos. 1 to 4.
(2.) The petitioner had completed her MBBS in the year 1994 and MD in the year 2000. On 17.07.2009, she was appointed as Registrar in the department of Obstetrics and Gynaecology in the Gauhati Medical College and Hospital. Thereafter on 09.02.2011, she was promoted as Assistant Professor in the department of Obstetrics and Gynaecology in the Gauhati Medical College and Hospital and since then she has been working as Assistant Professor in the said department of the college. The petitioner contends that the next post for promotion from Assistant Professor is Associate Professor. As per the qualification prescribed, by the Medical Council of India (MCI), the required qualification for promotion from Assistant Professor to Associate Professor is 5 years of service in a recognised Medical College as Assistant Professor. However, the desirable qualification is minimum of four research publications indexed in index Medicus/national journals. The said required qualification had been amended by notification dated 15.12.2009 by which the required qualification as of now is i) as Assistant Professor in Obstetrics and Gynaecology for 4 years in recognised Medical College and No. ii) Minimum of two research publications in indexed national journals.
(3.) It is the case of the petitioner that since the earlier requirement of publication of research publication was only a desired qualification, the promotion from Assistant professor to Associate professor were mostly made on the basis of seniority from amongst the candidates who completed the prescribed qualifying years as Assistant Professor. It is stated that even after the amendment of the rules, Assistant Professors were promoted on the basis of seniority alone, as MCI has provided for a transitory period of 4 years w.e.f. 24.07.2009. But after the transitory period has come to an end in the year 2013, the required qualification for promotion from Assistant Professor to Associate Professor would be a service period of 4 years as Assistant Professor in Obstetrics and Gynaecology in the recognised Medical College and 2 research papers accepted/published in indexed/national journals as first/second author during the tenure as Assistant Professor. The petitioner contends that there are 6 vacant posts of Assistant Professor lying vacant in the department of Obstetrics and Gynaecology in different Medical Colleges of Assam and out the same although the vacancy status of the 6th post is not very clear, there are at least 5 vacant posts of Assistant Professor which are available.