Promotion is not a vested right and an employee only has the right to be considered for promotion.

JUDGMENT :

Indiresh, J.

1. Being aggrieved by order dtd. 25/6/2019 passed in Writ Petition No.105811 of 2015 by the learned Single Judge, dismissing the writ petition, the appellant/petitioner has presented this intra-Court appeal.

2. The petitioner sought for the following relief's in the writ petition:

1. Issue writ of Mandamus or other Order or Direction, directing the respondents to sanction the promotion in favour of the petitioner to the post of Associate Professor (in the Department of Forensic Medicine) with effect from June 2011 with all consequential benefits by considering the representations dtd. 7/7/2011, 1/8/2014 and 13/10/2014 submitted by the petitioner as per AnnexuresB, E and F respectively.

2. Any other appropriate Writ or Order or Direction which deems fit to grant by this Hon'ble Court under the facts and circumstances of the case.

3. It is the case of the petitioner that he was initially appointed as Tutor on ad-hoc/contract basis in the third respondent-Institution for a period from 2/11/2006 to 29/6/2007 and thereafter, he was appointed as Assistant Professor on ad-hoc/contract basis from 1/7/2007 to 17/8/2008. It is further stated in the writ petition that the he was appointed as Assistant Professor in pursuance of the Notification dtd. 18/8/2008 by the respondent-Institution through regular recruitment process. He became eligible for promotion to the next higher post of Associate Professor on completion of four years from 18/8/2008. The eligibility criteria for promotion to the post of Associate Professor is that, one should have four years teaching experience as Assistant Professor along with submission of two research publications in indexed/national journals. Accordingly, the petitioner made representation dtd. 7/7/2011 requesting the respondent-Institution to promote him to the post of Associate Professor as he had attained requisite eligibility criteria. It is further stated by the petitioner that there was a clear vacancy in the third respondent-Institution as there were two sanctioned posts of Associate Professor and one post remained vacant as on the date he became eligible for promotion to the said post. He further contended that though Departmental Promotion Committee (for short hereinafter referred to as 'DPC') met on several occasions for effecting promotion from the cadre of Assistant Professor to the cadre of Associate Professor, the DPC did not take any decision for promotion to the post of Associate Professor. His above representation was also not considered and therefore, the petitioner filed writ petition No.105811 of 2015 before this Court seeking aforementioned reliefs.

4. The defence of the respondent-Institution in the statement of objections is that one Dr. Aadamali Nadaf had approached this Court in Writ Petition No.66735 of 2010, challenging the seniority between the petitioner and himself and this Court, by order dtd. 3/12/2015 set aside the Seniority List dtd. 2/1/2010 made by the third respondent-Institution and further declared that Dr. Aadamali Nadaf was senior to the Petitioner. Accordingly, the respondent-Institution sought dismissal of the writ petition. It is further stated by the respondent-Institution that, this Court, after considering the material on record, by its Order dtd. 7/12/2020, observed that the said Dr. Aadamali Nadaf was promoted from 1/7/2014 earlier to the date of promotion of Petitioner, and since he is senior to the Petitioner in the cadre of Assistant Professor as declared by this Court in Writ Petition No.66735 of 2010 by its order dtd. 3/12/2015, it had to reject the claim made by the petitioner herein seeking retrospective promotion. This Court, further held that mere availability of vacancy would not give any right to the petitioner to seek promotion to the post of Associate Professor, as acquiring qualification or eligibility would also not give any right to the petitioner to seek promotion to the said post. Being aggrieved by the order passed by th