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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
Rakesh Kumar Thakur - Appellant
Versus
State of Himachal Pradesh and Others - Respondents
CWP No. 2512 of 2025
Decided On : 07-03-2025
(A) Recruitment and Promotion Rules - Promotion to the post of Associate Professor - The post of Associate Professor is to be filled 100% by promotion, failing which by direct recruitment - Petitioner became eligible for promotion prior to the advertisement for direct recruitment - Respondents directed to withdraw the advertisement and consider the petitioner for promotion. (Paras 4 and 5)
(B) Right to be considered for promotion - While there is no vested right to promotion, there exists a right to be considered for promotion once eligibility criteria are met. (Paras 4 and 5)
Facts of the case:
The petitioner, serving as Assistant Professor, completed five years of service and became eligible for promotion to Associate Professor before the closing date for applications for direct recruitment. Respondents advertised the post for direct recruitment despite the petitioner’s eligibility.
Findings of Court:
The court found merit in the petitioner’s claim and directed the withdrawal of the advertisement for direct recruitment, mandating consideration for promotion instead.
Issues: The main issue was whether the petitioner was eligible for promotion to Associate Professor before the advertisement for direct recruitment was issued.
Ratio Decidendi: The court held that the petitioner had a right to be considered for promotion as he met the eligibility criteria before the advertisement's closing date, emphasizing the importance of following the Recruitment and Promotion Rules.
Result: Writ petition allowed.
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Aspiring to be considered for promotion to the post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pandit Jawahar Lal Nehru Medical College, Chamba (in short ‘Pt. JLNGMC Chamba’) and feeling aggrieved against the action of the respondents in advertising this single post on 06.02.2025 to be filled in through direct recruitment, the petitioner has preferred this writ petition.
2. Pursuant to the order dated 21.02.2025, learned Deputy Advocate General has placed on record instructions dated 07.03.2025 from the Special Secretary (Health), Government of Himachal Pradesh. Mr. Ashwani K. Sharma, Special Secretary (Health), Government of Himachal Pradesh, has attended the hearing today. Though the respondents have not filed reply, however, based on the interactions with the Special Secretary (Health) present during today’s hearing, the understanding of the issue involved by the respondents and with their consent as expressed by learned Deputy Advocate General that reply is not required, the petition is being taken up for disposal, since the facts and resultant consequences as narrated hereinafter are not in dispute.
3..........
(i) Petitioner serving as Senior Resident was promoted to the post of Assistant Professor in Pt. JLNGMC Chamba vide notification dated 29.02.2020. This was his regular promotion in the Department of ENT against vacancy. Further promotion channel available to the petitioner was for the post of Associate Professor.
(ii) It is not in dispute that in terms of applicable Recruitment and Promotion Rules (Annexure P-10), the post of Associate Professor is to be filled up 100% by promotion, failing which by direct recruitment. For determining eligibility for promotion, the Recruitment and Promotion Rules provide that Assistant Professor, who possesses 5 years of regular service or regular combined with continuous ad hoc service rendered upto 31.03.1998 in the Grade in the concerned specialty, failing which by promotion from Assistant Professor, who possesses 6 years of regular service or regular combined with continuous ad hoc service, if any, as Assistant Professor and Lecturer combined in the concerned specialty etc. would be eligible for promotion to the post of Associate Professor.
(iii) With prior approval of the Hon’ble Cabinet, the respondents issued an advertisement on 06.02.2025, inviting applications, inter alia, for one post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba and one post of Associate Professor (ENT) in Dr. YSPGMC, Nahan, District Sirmaur, to be filled up through direct recruitment. The closing date for submission of applications, mentioned in the advertisement was 06.03.2025. Presumably as pointed out by the Special Secretary (Health), the advertisement for filling the post of Associate Professor in Pt. JLNGMC Chamba through direct recruitment was issued on the ground of there being no eligible Assistant Professor falling in the zone of consideration for promotion to the post of Associate Professor at that time.
(iv) Petitioner’s case is that he completed five years of regular service as Assistant Professor and satisfied the eligibility criteria for promotion to the post of Associate Professor on 04.03.2025, i.e. before the closing date of submission of applications under the advertisement dated 06.02.2025. He having become eligible for promotion to the post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba, as on 04.03.2025, the respondents cannot proceed ahead for filling up one post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba advertised on 06.02.2025 through direct recruitment.
4. There is force in petitioner’s contention. Though the petitioner does not have any vested right for promotion, however, he has right to be considered for promotion. Petitioner has admittedly become eligible to be considered for promotion to the post of Associate Professor in the concerned specialty in the
Eligibility for promotion must be recognized when criteria are met, overriding direct recruitment processes.
Point of law: Filling of vacancy - In case the vacancy now available is again filled by promotee candidate, the discrimination already meted to direct recruits shall be perpetuated. On the other hand....
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
It is under this set of circumstances, that the impugned action of the authority is not only unjust and arbitrary but deserves to be corrected, which has been rightly done by learned Single Judge
Reserved category post with pending direct recruitment requisition cannot be filled by promotion; inadvertent process withdrawn correctly. Court mandates finalizing Recruitment & Promotion Rules befo....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
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