AB AHAD Vs. STATE

JUDGEMENT

(1.) THE petitioner is an Assistant Professor (Anatomy) in the Government Medical College, Srinagar and the respondent No. 4 as the Associate Professor. By the letter impugned, the Principal, Medical College Srinagar has made a recommendation to the Government for considering the respondent No. 4 for the post of Professor and the petitioner for the post of Assistant Professor in the said Medical College. According to the petitioner he also is eligible to be considered for the post of Professor, in view of his qualifications, merit and suitability, after he completed more than five years on the post of Assistant Professor. He even challenges the eligibility of respondent No 4 for his consideration to the post of Professor on various grounds as stated in the petition.

(2.) THE respondent No. 4 in his objections has stated that he came to be promoted to the post of Assistant Professor on 13.1.1983 on the recommendation of the Public Service Commission. On 21.10.1988 he came to be promoted as Assistant Professor. As against that the petitioner was appointed as Lecturer on 14.7.1981 and as Assistant Professor on 24.6.1988. According to him, he holds superior position in seniority, rank and status as against the petitioner, which has never challenged so far. It is further stated that promotions in the higher service of the Medical Education are regulated by the J&K Medical Education (Gazetted) Service Recruitment Rules, where under the post of Professor in the department of Anatomy has been classified as Class II post, and is required to be filled up by promotion from amongst Assistant Professors in Class III possessing an experience of five years as such. In that view of the matter the said respondent possesses the requisite experience of more than five years and therefore eligible for the post of Professor. Allegedly as against that the petitioner is holding the post of Assistant Professor and can claim consideration for promotion to the post of Assistant Professor and not to the post of professor.

(3.) I have heard the learned counsel for the parties and have also gone through the file thoroughly. I have considered the objections of respondent No. 4 and the rejoinder filed thereto by the petitioner also. As agreed to by the learned counsel for the parties, I am disposing of this petition at this very stage without formally admitting it to hearing.