Appointment to academic administrative positions must comply with established eligibility criteria, ensuring the senior-most qualified individual is considered for promotion.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. K. M. Haloi, learned counsel for the petitioner. And also heard Mr. D. Upamanyu, learned Standing Counsel, Health Department, for respondent Nos. 1, 2 & 3, and Mr. K. N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakati, learned counsel, for respondent No. 4.

2. Challenge made in this writ petition is to the notification dated 11.11.2024 issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department, by which, Dr. Manoj Kumar Deka, Reader and HOD, S.J.N Homoeopathic Medical College & Hospital, Guwahati (respondent No.4 herein) has been allowed to work as Vice-Principal of the said College in addition to the works already assigned to him.

3. Briefly put, the petitioner is serving as Professor and HOD, Department of Organon of Medicine in S.J.N. Homeopathic Medical College and Hospital, Guwahati. Erstwhile Dr. J. K. Saikia Homeopathic Medical College and Hospital, on being amalgamated with the Swahid Jadav Nath College, the college is now known as S.J.N. Homeopathic Medical College and Hospital, Guwahati. The petitioner claims to be the senior most Professor of the said college. The petitioner was initially appointed as a Demonstrator in S.J.N. Homeopathic Medical College and Hospital, Guwahati by order dated 12.05.1995. On the recommendation of the Assam Public Service Commission, the service of the petitioner as a Demonstrator was regularised vide order dated 26.09.2000. Thereafter, the petitioner was promoted to the post of Lecturer and regularised by order dated 08.07.2009 and then to the post of Reader on 06.05.2010. Vide notification bearing No. MER.237232/562 dated 25.01.2023, the petitioner along with four others were promoted to the post of Professor in their respective departments and since then, the petitioner has been servng as Professor in the Department of Organon of Medicine.

4. A Final Gradation List of the faculties of the Homeopathic Medical Colleges of Assam was published on 29.08.2019, wherein, the name of the petitioner appeared at Sl. No. 11 and the name of the respondent No. 4 appeared at Sl. No. 26.

5. It is the contention of the petitioner that the persons from Sl. No. 1 to Sl. No. 7 of the Gradation List have retired from their services and the persons at Sl. Nos. 9 & 10 have expired while they were in service. As such, the position of the petitioner in the Gradation List is now at Sl. No. 2 and the person at Sl. No. 8 of the Gradation List is holding the charge of Principal of the College. Therefore, the petitioner is the senior most Professor among the faculty members of the said College.

6. The respondent No. 4 is serving as a Reader in the College and in the Gradation List of Readers, the respondent No. 4 is at Sl. No. 4 and no Gradation List for Professors and Lecturers have been published after the year 2019.

7. It is contended that there is a sanction post of Vice-Principal in the S.J.N. Homeopathic Medical College and Hospital, Guwahati. The post of Vice-Principal is a promotional post, which is to be filled up from amongst the post of Professors, particularly, the senior most Professor. In the earlier point of time, the senior most Professor was appointed as the Vice- Principal of the College and one Dr. S. K. Sahoo, the senior most Professor was appointed as the Vice-Principal of the College by order dated 13.04.2010, who has already retired from service. It is further contended that all along, the senior most Professors were allowed to hold the charge of Vi