JUDGMENT :

S.N. Pathak, J.

Heard the parties.

Prayer

2. In the instant writ petition, petitioners have prayed for quashing of office order (Annexure-5 to the writ petition) as contained in RIMS/ Estb-1/No. NIL (Received by the petitioners on 01.01.2022), whereby the respondent nos. 3 to 6 have been posted to the post of Head of Department of their respective Departments with immediate effect despite the fact that they are the Associate Professors. Petitioners have further prayed that after quashing of Annexure-5, appropriate directions may be passed restoring position of the petitioners, who are the senior most Professors in their respective Departments, to the post of Head of Department of their respective Departments.

Factual Matrix

3. Brief facts as delineated in the writ petition is that petitioner no. 1 joined RIMS as an Assistant Professor, Department of Cardiology on 19.04.2010 and subsequently promoted to the post of Associate Professor with effect from 01.06.2012 and thereafter promoted to the post of Professor, Department of Cardiology with effect from 17.10.2017. Petitioner no. 1 thus discharged duties to the post of Head of Department from 19.04.2010 till 31.12.2021.

4. Petitioner no. 2 initially joined at RIMS on 29.01.2007 as an Assistant Professor, Department of Microbiology and subsequently promoted to the post of Associate Professor with effect from 08.02.2014 and, thereafter, promoted to the post of Professor, Department of Microbiology with effect from 17.10.2017. He also worked as Head of Department, Department of Microbiology from 01.08.2017 to 10.01.2022.

5. Petitioner no. 3 joined RIMS on 07.09.2005 as an Assistant Professor of Paediatric Surgery and subsequently promoted to the post of Associate Professor with effect from 31.07.2008 and further to the post of Professor with effect from 17.10.2017 and he held the post of Head of Department, Paediatric Surgery from 01.10.2017 till 31.12.2021.

6. Petitioner no. 4 joined RIMS on 27.01.2007 as an Assistant Professor and subsequently promoted to the post of Associate Professor and Professor with effect from 29.10.2012 and 17.10.2017 respectively. He also held the post of Head of Department, Department of Radiology from 31.01.2015 to 31.01.2022.

7. It is case of the petitioners that they are the seniormost Professors of their respective Departments. Petitioner no. 1 is the senior most Professor in the Department of Cardiology, petitioner no. 2 is the senior most Professor in the Department of Microbiology, petitioner no. 3 is the seniormost Professor in the Department of Paediatric Surgery and petitioner no. 4 is the senior most Professor in the Department of Radiology and they all continued to work as Head of the Departments of their concerned Departments until recently. On 01.01.2022, petitioners received office order as contained in RIMS/ Estb-1/No. Dated Nil (Annexure-5), issued under the signature of RIMS wherein it has been communicated that the Governing Body of RIMS in its 52nd Meeting held on 11.10.2021, has taken a decision that in every Department appointment to the post of Head of the Department will be made on rotation basis from amongst the interested senior most Professors/ Associate Professors on the basis of seniority for the maximum period of three years. It has also been decided that in those Departments where the Head of the Department has already completed three years, the said decision will be implemented with immediate effect. In compliance of the decision taken by the RIMS Governing Council, the petitioners who have completed their three years “purported tenure” on the post of Head of Department, have been directed to be replaced by the respondent nos. 3 to 6 in their respective Departments, though they are the Associate Professors. Due to action of the respondents – RIMS, petitioners have been forced to work under their juniors who are otherwise not eligible to become Head of the Department. Being aggrieved petitioners filed their protest by way