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2003 Supreme(Gau) 254

P.P.NAOLEKAR, RANJAN GOGOI
Bhusan Chandra Roy Medhi – Appellant
Versus
Hemanta Kumar Mahanta – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B.R. Sharma and U.K. Goswami, Advs.
For Respondents/Defendant: Anima Hazarika, D.P. Chaliha and J. Rajkumari, Advs.

JUDGMENT

1. The respondent, who was the petitioner in the original petition, had challenged the promotion given to Dr. B.C. Roy Medhi, Medical Associate Professor, Forensic Medicine on the post of Professor, Forensic Medicine, Assam Medical College, Dibrugarh by order dated 2nd September, 2000. The learned Single Judge allowed the writ petition on the premises that there are no rules governing the promotion to the post of Professor, Forensic Medicine, the normal rule of seniority shall apply and admittedly, the petitioner being senior than that of the Respondent No. 7, the appellant herein, would be entitled for promotion to the higher post namely, the post of Professor, Forensic Medicine. The Court has held that the Respondent No. 7 Dr. B.C. Roy Medhi has been given promotion, who is junior to the respondent-petitioner without considering the case of the petitioner by the Departmental Promotion Committee and on this count, the promotion given to the Respondent No. 7, appellant herein, was quashed. From the tenor of the order passed by the learned Single Judge, it appears that he is impressed with the fact that in the absence of Service Rules, the Departmental Promotion Committee sh







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