MANU ARORA Vs. SHABNAM RIVES AND ORS

JUDGEMENT

(1.) The present intra-court appeal has been filed by the respondent No.3 in the writ petition, challenging the order passed by learned Single Judge whereby the writ petition filed by respondent No.1 herein was allowed.

(2.) The respondent No.1 herein filed the writ petition challenging the order dated 27.04.2011, whereby the present appellant was promoted as Assistant Professor in the Department of Psychiatry. Further prayer was made to fill up the post on regular basis as per rules. Learned Single Judge while recording certain finding on the eligibility of respondent No.1, allowed the writ petition and directed the official respondents to take further steps. Aggrieved against the aforesaid order present intra-court appeal has been filed by the respondent No.3 in the writ petition.

(3.) Learned counsel for the appellant submitted that the appellant was selected and appointed as lecturer in the Department of Psychiatry on 08.04.2008 and being eligible to be promoted in terms of The Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 (for short "the 1979 Rules"), was promoted on Incharge basis as Assistant Professor in the Psychiatry Department. Without there being any basis and the respondent No.1 being not even in the feeder cadre for promotion to the post of Assistant Professor, challenged his promotion. The respondent No.1 was appointed as Lecturer (Clinical Psychologist Non-Medical) on 09.07.1998. The qualifications required for recruitment to the post of Lecturer (Clinical Psychologist Non-Medical) are altogether different as compared to the qualifications required for promotion to the post of Assistant Professor. As per the 1979 Rules only a lecturer in Psychiatry with three years experience is eligible. As the respondent No.1 was not working as lecturer in Psychiatry he was not eligible to be considered for the post. In fact the writ petition was totally misconceived. The appellant had been promoted as Assistant Professor on Incharge basis vide order dated 27.04.2011 on which date the respondent No.1 did not even have the requisite qualification required for the post of Assistant Professor. She got her Ph.D degree in May, 2011.