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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Sharmad – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Dipankar Datta, J.
CIVIL APPEAL NO. 13422 of 2024
1. This appeal, by special leave, carried by the appellant1[Dr. Sharmad] to this Court takes exception to the judgment and order dated 20th January, 2017 of a Division Bench of the High Court of Kerala at Ernakulam2[High Court] allowing a writ petition 3[OP (KAT) No.1360 of 2013] presented by the third respondent 4[Dr. Jyothish]. The High Court set aside the judgment and order dated 15th March, 2013 of the Kerala Administrative Tribunal at Thiruvananthapuram 5[Tribunal], which dismissed the original application 6[OA 476 of 2013] of Dr. Jyothish filed under Section 19 of the Administrative Tribunals Act, 1985 in limine.
2. A short question arises for decision in the appeal. It is, whether the High Court was justified in interfering with the order granting promotion to Dr. Sharmad to the post of Assistant Professor, Department of Neurosurgery, Medical Education Service, Health and Family Welfare Department, Kerala 7[the said post] on 06th February, 2013.
3. For the purpose of a decision on this appeal, it would be appropriate to note the respective profile of Dr. Sharmad and Dr. Jyothish. The same is indicated in a tabular form
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should....
It is under this set of circumstances, that the impugned action of the authority is not only unjust and arbitrary but deserves to be corrected, which has been rightly done by learned Single Judge
There is no requirement of three years experience after acquiring Post-Graduation Degree for promotion to Assistant Professor.
Eligibility for promotion to teaching positions requires meeting specific teaching experience criteria, excluding periods of study leave, as outlined in regulatory frameworks.
Temporary appointment as Assistant Professor does not count as regular service for the purpose of promotion to the post of Associate Professor as per Statute 73.
Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.
Experience as an Additional Professor is equivalent to that of a Professor for appointment as Principal in a Medical College, as affirmed by MCI and NMC regulations.
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
Seniority among Assistant Professors must be determined by the date of entry into the cadre, not merely by re-designation, as per the KS&SSR.
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