DR. RAVI SUMAN Vs. STATE OF TELANGNA

JUDGEMENT

(1.) In these Writ Petitions, the petitioners are seeking a Writ of Mandamus declaring the action of the respondents in filling up of the posts of Professors in the respondent University (NIMS) by way of promotions without following the UGC Regulations and in calling for applications only from in-service candidates, i.e., identified personnel in the University, as illegal and contrary to Act 13 of 1989 and the Standing Order No.2 dt.30/1/1992 and consequently to direct the respondents to notify the posts of Professors in terms of the Standing Order No.2 dt.30/1/1992 and to direct the respondents to consider the candidature of the petitioners for the post of Professors and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.

(2.) Brief facts leading to the filing of W.P.No.32250 of 2022 are that the petitioner has passed MBBS, MD and is a holder of Fellowship of National Board of Examinations in Cardiac Anaesthesia and claims to have a teaching experience of 19 years. The petitioner has been working as Associate Professor from 2014 and as Additional Professor from 2020 in the Department of Anaesthesiology of the respondent University. It is submitted by the petitioner that the respondents had issued a Notification Rc.No.HR1/41/2022/R, dt.4/2/2022 inviting applications from the eligible candidates for filling up of the posts of Professors in various Departments including Anaesthesiology and the last date for the applications was 28/2/2022. It is submitted that the petitioner, being fully eligible for the post of Professor in Anaesthesiology, was planning to apply for the post, but the respondents issued a paper Notification published in New Indian Express paper dt.17/2/2022 cancelling the Notification due to administrative reasons. It is submitted that the respondents have issued an In-house Circular Rc.No.HR1/387/2022/F dt.22/4/2022 stating that the Institution is planning to conduct promotion (Additional Professor to Professor) for the Faculty Members working in various Departments and identified 19 Additional Professors who were required to apply for promotion in the Annexure enclosed to the Notification. It is submitted that in the said Memo, Dr. M.Srilatha and Dr. Kanithi Geetha from the Department of Anaesthesiology were invited to make application for the post of Professor. It is submitted that on coming to know about the same, the petitioner has made a representation dt.25/4/2022 objecting to the calling of applications from a few selected Faculty members for appointment as Professors by citing repealed Standing Order No.1 as irrational and requested to do justice by notifying the posts of Professors for selection so that the petitioner along with other eligible candidates may apply. When the respondents did not take any action on the representation of the petitioner but proceeded to conduct interviews to the selected candidates, i.e., Additional Professors in the Department of Anaesthesiology on 8/8/2022 and the interview were scheduled for posts of Additional Professors to Professors in other Departments on 11/8/2022, the petitioner has filed W.P.No.32250 of 2022.

(3.) Similarly, in the case of the petitioner in W.P.No.28121 of 2022, the petitioner claims to have applied for the post of Professor in Neuro Surgery and he is also aggrieved by cancellation of the Notification dt.7/2/2022 and issuance of the Circular dt.22/4/2022 calling for in-service candidates only for interviews for promotion of Additional Professors to Professors.