The two petitioners involved in this two writ petitions are aspirants for promotion to the posts of Assistant Professor in the respective departments in the Regional Dental College (RDC). Presently they are holding the posts of Demonstrator/Resident Surgeon. They are aggrieved by application of the particular requirement for promotion to the post of Assistant Professor, which according to them is not applicable in respect of the posts to which they have claimed promotion. Be it stated here that the petitioner in WP(C) No. 2276/2010 is working in the Department of Prosthodontics, while the petitioner in WP(C) No. 2278/2010 is working in the Department of Orthodontics. Since the issue raised and the basic facts involved in both the writ petitions are one and the same, they are being heard analogously and are being disposed of by this common judgment and order. The writ petition being WP(C) No. 2276/2010 having been exclusively referred to by the learned counsel for the parties to bring home their point of argument, the said writ petition has been taken as the base case.

2. While the petitioner in WP(C) No. 2276/2010 was appointed with effect from 5.9.1989 pursuant to her selection by the APSC, the petitioner in WP(C) No. 2278/2010 was appointed with effect from 7.7.1999. As stated above their grievance is one and the same i.e. alleged denial of promotion to the post of Assistant Professor. Although their case for promotion was considered by the Departmental Promotional Committee (DPC), but they could not be recommended for promotion as they do not have required experience i.e. 4 years of teaching experience after post graduation, which they obtained in May, 2009. It is this finding of the DPC, the petitioners have opposed in the writ petitions on the ground that such requirement of 4 years of teaching experience after post graduation is not applicable to the case of the petitioners and thus the same having been wrongly applied, they have been deprived of their legitimate promotions even after rendering more than 20 years and 10 years of service respectively.

3. According to the petitioners, in the RDC there is four tire system of staffing pattern in the academic field which are Professor, Reader (now Associate Professor), Lecturer (now Assistant Professor) and Tutor (equivalent to Demonstrator/Resident Surgeon/House Surgeon/Registrar etc.). In this connection, they have placed reliance on the notification dated 25.7.2007 published in the official gazette vide notification dated 10.9.2007 as well as the notification dated 29.1.2001 published by the Government of Assam in the Finance (Pay and Research Department). They have also placed reliance on the Medical Council of India Regulation, 1998.

4. As per the aforesaid notification dated 25.7/10.9.2007, the minimum basic qualification and teaching experience required for teachers for under-Graduate Dental Studies are as follows:

MINIMUM BASIC QUALIFICATION AND TEACHING EXPERIENCE REQURIED FOR TEACHERS FOR UNDER-GRADUATE DENTAL STUDIES.

(A) Dental Staff:

Principal/Dean: Same qualifications as prescribed for a Professor. Experience as professor for not less than 5 years in a Dental Institution.

Professors: A BDS Degree of an Indian University or an equivalent qualification with Post-graduate qualification/Diplomat of National Board in the subject and with 5 years teaching experience as Reader.

Readers:A BDS Degree of an Indian University or an equivalent qualification with Post-graduate qualification/Diplomat of National Board in the subject and with 4 years teaching experience after post-graduation.

Lecturers:A recognised MDS Degree of an Indian University/Diplomat of National Board or an equivalent qualification.

Tutors: A recognised BDS Degree of Indian University or an equivalent qualification with at least one years experience.

Note:

In case of individuals with discrepancy between teaching experience and the post-graduate qualification, a reference may be made to the Dental Council of India

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