JUDGMENT

Per: Justice Vivek Rusia

W.A.No. 1274 of 2024

1. This appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khan Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant/writ petitioner against the order dated 22.3.2024 passed in Writ Petition No. 25631/2021 whereby the learned Single Judge has dismissed the petition with liberty to renew the prayer after disposal of Writ Petition No.7501 of 2023.

W.A.No. 1605 of 2024

2. This appeal has been filed by the appellant who was intervener in the Writ Petition No. 25631 of 2024 and prayed for its dismissal as not maintainable.

3. The appeal is filed with a delay of 25 days. Considering the reasons mentioned in I.A.No.6148/2024 which is an application for condonation of delay, the same is allowed. Delay in filing the appeal is hereby condoned.

Facts of the case in brief:

4. The appellant/writ petitioner Dr. Jagram Verma (in W.P.No.1274 of 2024) was initially appointed on the post of Assistant Professor in the E.N.T. Department of Mahatma Gandhi Memorial Government Medical College, Indore vide order dated 16.2.2010. The MGM Government Medical College was made an Autonomous College as per the policy decision taken by the Government in the year 1998. The service conditions of working Doctors / Teaching staff in the college are governed by the M.P. Autonomous Medical College Medical Service Model Rules, 2018 (hereinafter referred to as 'Rules of 2018').

5. As per rule 6 of rules of 2018, the vacant posts are to be filled by way of promotion and direct recruitment. The Executive Committee/Departmental Promotion Committee shall ascertain the minimum qualification of the candidates, who are to be considered for promotion. rule 7 of the rules of 2018 provides for filling up of the post through direct recruitment and a conjoint reading of Rules 6.2 and 8 of the aforesaid rules provides that the vacant post shall be filled up through promotion and if no eligible candidate is available, the said post will be filled up through direct recruitment. According to the appellant/petitioner, he fulfills all the necessary qualification for promotion to the post of Professor but instead of filling the post by way of promotion, the respondent No. 3/Medical College has issued an advertisement dated 29.10.2021 for filling the vacant post of Professor in E.N.T. Department through direct recruitment. Appellant submitted his candidature pursuant to the said advertisement for direct recruitment on the post of Professor, E.N.T. and simultaneously submitted a representation to the respondent for promotion as he is the only eligible candidate in the department. When the aforesaid prayer was not considered and respondent No.3 proceeded with the advertisement, the appellant approached this Court by way of writ petition No. 25631 of 2021.

6. In the writ petition, Dr. (Mrs.) Shenal Kothari (respondent No.4 herein) filed an application seeking intervention in order to oppose the petition. The said intervention application was allowed and she was impleaded as respondent No. 4. Respondent No. 4 filed reply by submitting that she was one of the aspirants who has applied for the post of Professor to be filled by direct recruitment. According to respondent No. 4, the appointment of appellant/petitioner to the post of Associate Professor itself is illegal for want of vacancy in the cadre of Associate Professor in the E.N.T. Department. Respondent No. 4 submitted that the post of Associate Professor in the E.N.T. Department is occupied by one Dr. Yamini Gupta who was appointed on the said post by virtue of appointment order dated 24.8.2018.

7. Respondents No. 1 to 3 also filed their reply by submitting that no candidate was found eligible for promotion to the post of Professor, therefore advertisement was been issued for direction recruitment.

8. The writ Court heard the writ petition and held that the appellant/petitioner has raised his objection on 10.3.2021 and 29.10.2021 i.e. prior to issuance of the