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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Dean in Charge, ESI-PGIMSR, ESIC Medical College and ESIC Hospital & DCE (EZ) – Appellant
Versus
Bijita Dutta – Respondent
JUDGMENT :
Madhuresh Prasad, J.
1. The Writ Petitioner was the respondent before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to in short as Tribunal). The present respondent, who was the applicant challenged the reasoned order dated 14.07.2023, issued by the Director General, Employees’ State Insurance Corporation (“ESIC” in short), whereby and whereunder the Director General affirmed the recommendation of the Departmental Promotion Committee (DPC) dated 02.02.2023, finding the applicant “unfit” for promotion to the post of Associate Professor with effect from the date of her eligibility, i.e. 26.052021. The Tribunal, vide order dated 21.02.2025 passed in OA NO. 1369 of 2023, set aside the impugned decision of the Director General ESIC, dated 14.07.2023 and directed the respondents to convene review DPC for considering grant of promotion to the applicant to the post of Associate Professor, if otherwise she is fulfilling other eligibility conditions. The Tribunal has also allowed the consequential reliefs, as a result of such decision, directed to be taken within 45 days from the date of Communication of Certified copy of the order of the Tribunal.
2. The a
Eligibility for promotion to teaching positions requires meeting specific teaching experience criteria, excluding periods of study leave, as outlined in regulatory frameworks.
(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....
The main legal point established in the judgment is that the experience of a Professor includes the experience of an Additional Professor as per the guidelines prescribed by the Medical Council of In....
The main legal point established in the judgment is that eligibility criteria for the post of Assistant Professor in General Surgery, as per the advertisement and Rules, 2009, require three years tea....
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.
The main legal point established in the judgment is that eligibility criteria for promotion, as per the applicable regulations, must be met, and the court does not have the power to relax or override....
There is no requirement of three years experience after acquiring Post-Graduation Degree for promotion to Assistant Professor.
Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.
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