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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
| Table of Content |
|---|
| 1. tribunal set aside esic order on promotion. (Para 1) |
| 2. applicant's leave for study not counted as service. (Para 2 , 3) |
| 3. 2015 regulations define promotion criteria. (Para 4 , 5 , 6) |
| 4. director general upheld dpc finding based on teaching experience. (Para 7 , 8) |
| 5. importance of meeting teaching experience requirements. (Para 9 , 10) |
| 6. nmc norms impose stricter teaching requirements. (Para 11 , 12 , 13) |
| 7. three years of study leave not recognized as teaching. (Para 14 , 15) |
| 8. dpc's rejection of promotion valid without requisite teaching experience. (Para 19 , 20) |
| 9. court affirms no error in decisions regarding promotion eligibility. (Para 21 , 22 , 23) |
| 10. final order dismissing the o.a. and allowing writ petition. (Para 24 , 25) |
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 De
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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