The main legal point established in the judgment is that the experience gained in a different state cannot be counted towards the required experience for promotion in a specific service under the relevant rules and regulations.

JUDGMENT

Ajai Lamba, C.J. - This judgment shall dispose of 2(two) writ appeals, namely, Writ Appeal No.263/2019, which has been filed in challenge to judgment rendered in WP(C) No.2167/2016 (Dr. Hirak Das -Vs- State of Assam & 8 Ors.) AND Writ Appeal No.26/2019 that was filed in challenge to decision rendered in WP(C) No.3816/2016 (Dr. Hirak Das -Vs State of Assam & 5 Ors.).

wxyz

Both the writ petitions were decided/dismissed vide the common judgment dated 01.10.2018, hence, both the appeals are being dealt with by virtue of a single judgment.

zyxw

wxyz

For reference to record, we are referring to the record of Writ Appeal No.263/2016, which has been filed in context of WP(C) No.2167/2016 (supra). The said writ petition was filed for quashing order dated 23.02.2016 whereby the claim of the petitioner for promotion to the post of Associate Professor was rejected.

zyxw

2. The skeleton of facts required for adjudication is that writ appellant/writ petitioner completed his MBBS Degree from Gauhati Medical College & Hospital. Thereafter, the writ appellant completed his MD in Anatomy from Gauhati Medical College & Hospital. The writ appellant joined Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu on 17.08.2009 as Assistant Professor and served as such till 30.10.2010. It has been asserted that the said College is recognized by Medical Council of India.

3. It is an admitted fact that the writ appellant/writ petitioner resigned from the post of Assistant Professor in Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu on 30.10.2010, and was relieved on the same day.

4. It has been pleaded that the writ appellant was selected by Assam Public Services Commission as a Demonstrator of Anatomy and posted in Silchar Medical College vide the appointment letter dated 10.12.2010.

5. It has been pleaded that after serving in Silchar Medical College for 71/2 months, the writ appellant was transferred to Assam Medical College & Hospital at Dibrugarh and joined the said College as Assistant Professor on promotion. Thereafter, the writ appellant was transferred to Silchar Medical College in the same capacity, where he joined on 03.01.2013. The writ appellant was again transferred to Assam Medical College & Hospital, Dibrugarh on 04.04.2013 and continued to serve to said College as Assistant Professor till 18.06.2015.

wxyz

Thereafter, the writ appellant, on being transferred, joined Gauhati Medical College & Hospital on 30.06.2015 as Assistant Professor. It has been asserted on behalf of the writ appellant that cumulative experience of the writ appellant was 5(five) years and 3(three) months in the capacity of serving as Assistant Professor while including his service in Vinayaka Missions Kirupananda Variar Medical College, Salem, Tamil Nadu.

zyxw

wxyz

It is the admitted case of the writ appellant that he has not completed 4(four) years service under Assam Medical Education Service.

zyxw

6. It has been asserted on behalf of the writ appellant that the appellant has 4(four) publications to his credit in National Journals.

7. It has been pleaded on behalf of the writ appellant/writ petitioner that post of Associate Professor under Assam Medical Education Service Rules, 2008 (for short, "Rules of 2008") is filled only by promotion from the post of Assistant Professor by a person who has served as Assistant Professor for 4(four) years, as provided under the Rules. It has been asserted that the writ appellant/writ petitioner having served as Assistant Professor for 4(four) years, though including the period of service rendered in Tamil Nadu, is eligible for promotion.

8. At this juncture, we would like to extract the relevant Rules of 2008 hereunder:-

wxyz

"2(h) ''Member'' means a Member of the Assam Medical Education Service.

zyxw

wxyz

X X X X X X X X X

zyxw

wxyz

11.(1) Subject to suitability as may be decided by the Appointing Authority and by the Selection board and also subject to possessing such qualification and exper