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2017 Supreme(Gau) 736
IN THE HIGH COURT OF GAUHATI
Achintya Malla Bujor Barua, J.
Chandana Roy Das (Dr.) - Petitioner
Versus
State of Assam and Ors. - Respondents
WP(C) No. 1589 of 2016
Decided On : 11-01-2017
For the Petitioner:Mr. H. Sarma, Advocate.
For the Respondents:Mr. A.K. Bhuyan and Mr. B. Gogoi, Advocates.
Headnote:
Constitution of India – Petitioner had completed her MBBS, she was appointed as Registrar in the department of Obstetrics and Gynaecology in the Gauhati Medical College & Hospital – Thereafter, she was promoted as Assistant Professor in the department of Obstetrics and Gynaecology in the Gauhati Medical College & Hospital and since then she has been working as Assistant Professor in the said department of the college –Petitioner contends that the next post for promotion from Assistant Professor is Associate Professor – As per the qualification prescribed, by the Medical Council of India (MCI), the required qualification for promotion from Assistant Professor to Associate Professor is 5 years of service in a recognised Medical College as Assistant Professor –Held, Applicability of the legal principle that the qualification acquired after the last date of submission of application should not be taken into consideration is not squarely applicable in the facts and circumstance of the present case. As enunciated by various decisions of the Honble Apex Court, the said legal principle that qualification acquired subsequent to the last date of submission of application should not be taken into consideration is based upon the sound principle that if the qualification acquired after the last date of submission of application is also to be taken into consideration, in such event, there would have been many other candidates who also would have apply against such advertisement – Writ petition is found to be devoid of any merit and accordingly stands dismissed.
Achintya Malla Bujor Barua, J.
Heard Shri H. Sarma, learned counsel for the petitioner. Also heard Shri A.K. Bhuyan, learned counsel appearing for the respondent Nos. 5 to 10 and Shri B. Gogoi, learned standing counsel appearing for the respondent Nos. 1 to 4.
2. The petitioner had completed her MBBS in the year 1994 and MD in the year 2000. On 17.07.2009, she was appointed as Registrar in the department of Obstetrics and Gynaecology in the Gauhati Medical College & Hospital. Thereafter on 09.02.2011, she was promoted as Assistant Professor in the department of Obstetrics and Gynaecology in the Gauhati Medical College & Hospital and since then she has been working as Assistant Professor in the said department of the college. The petitioner contends that the next post for promotion from Assistant Professor is Associate Professor. As per the qualification prescribed, by the Medical Council of India (MCI), the required qualification for promotion from Assistant Professor to Associate Professor is 5 years of service in a recognised Medical College as Assistant Professor. However, the desirable qualification is minimum of four research publications indexed in index Medicus/national journals. The said required qualification had been amended by notification dated 15.12.2009 by which the required qualification as of now is i) as Assistant Professor in Obstetrics and Gynaecology for 4 years in recognised Medical College and No. ii) Minimum of two research publications in indexed national journals.
3. It is the case of the petitioner that since the earlier requirement of publication of research publication was only a desired qualification, the promotion from Assistant professor to Associate professor were mostly made on the basis of seniority from amongst the candidates who completed the prescribed qualifying years as Assistant Professor. It is stated that even after the amendment of the rules, Assistant Professors were promoted on the basis of seniority alone, as MCI has provided for a transitory period of 4 years w.e.f. 24.07.2009. But after the transitory period has come to an end in the year 2013, the required qualification for promotion from Assistant Professor to Associate Professor would be a service period of 4 years as Assistant Professor in Obstetrics and Gynaecology in the recognised Medical College and 2 research papers accepted/published in indexed/national journals as first/second author during the tenure as Assistant Professor. The petitioner contends that there are 6 vacant posts of Assistant Professor lying vacant in the department of Obstetrics and Gynaecology in different Medical Colleges of Assam and out the same although the vacancy status of the 6th post is not very clear, there are at least 5 vacant posts of Assistant Professor which are available.
4. It is the case of the petitioner that the Government of Assam had initiated the process of filling up the said vacancies in the post of Associate Professor in the department of Assistant Professor in various Medical Colleges of Assam and, accordingly, the Director of Medical Education, Assam had issued a letter No. DME/132/GMC/ACR/2014/Research dated 01.09.2015. As per the said letter addressed to the Principal-cum-Chief Superintendent of Medical College & Hospital of Assam, the concerned Principal-cum-Chief Superintendent was required to inform the concerned faculties to attend the office of the Director of Medical Education, (DME) Assam on 07.09.2015 with the original copies of the research papers published/accepted in the indexed/national journals for verification in connection with promotion to the post of Associate Professor.
5. It is the case of the petitioner that as she possesses the required qualification of 4 years of qualifying service and has the required number of paper publications. The Principal-cum-Chief Superintendent vide letter dated 01.09.2015 had required the petitioner to appear before the DME on the stipulated date with the paper
