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2023 Supreme(Manipur) 1
IN THE HIGH COURT OF MANIPUR
Ahanthem Bimol Singh, A. Guneshwar Sharma, JJ.
Dr. Ch. Deependra Singh & Ors. - Appellants
Versus
The State of Manipur & Ors. - Respondents
WP(C) No. 102 of 2021
Decided On : 23-11-2023
Mr. N. Ibotombi, Sr. Advocate asstd. by Ms. Babina, Advocate, for the Appellant, Mr. Y. Ashang, GA, for the Respondent.
The court affirmed that public authorities must honor their commitments and adjust eligible candidates against available vacancies as per relevant rules, reinforcing the principle of promissory estoppel.
Headnote:(A) JNIMS Service Rules, 2015 - Time Scale Promotion (Regularly appointed Senior Resident/Tutor/Demonstrator) Rules, 2018 - The appellants, qualified Senior Residents/Tutors, sought adjustment against vacant Assistant Professor posts post-upgradation under the 2018 Rules. The court emphasized the necessity to honor the provisions of Rule 7(h) for adjustment against available vacancies. (Paras 12, 14, 20)
(B) Promissory Estoppel - The court reiterated that public bodies are bound by their representations and must adhere to commitments made, ensuring no citizen suffers due to administrative lapses. (Paras 19, 20)
Facts of the case:
Eight appellants, having served over six years in JNIMS, were upgraded to Assistant Professors (non-functional) but sought adjustment against regular vacancies.
Findings of Court:
The court found merit in the appellants' claims and directed their adjustment against available vacancies per Rule 7(h) of the 2018 Rules.
Issues: The key issues included the interpretation of Rule 7(h) concerning adjustment against regular vacancies and the applicability of the doctrine of promissory estoppel.
Ratio Decidendi: The court held that the 2018 Rules aimed to provide promotional avenues, and the authorities were obligated to adjust the appellants against available vacancies, reinforcing the principle of promissory estoppel against public authorities.
Result: Writ appeal allowed, with directions for adjustment.
JUDGMENT
A. Bimol Singh, J. - Heard Mr. N. Ibotombi, learned senior counsel appearing for the appellants and Mr. Y. Ashang, learned GA appearing for the respondents.
2. The present writ appeal had been filed by eight appellants, who are the petitioners in the writ petition, assailing the judgment and order dated 12-08-2022 passed by the learned Single Judge in WP(C) No. 102 of 2021.
3. The appellants No. 1 to 4 possesses post-graduate degree in Obstetrics Gynaecology and they were initially appointed as Senior Residents in the Department of Obstetrics Gynaecology, Jawaharlal Nehru Institute of Medical Sciences, Porompat (JNIMS) in the month of February, 2011. The appellant No. 5 possess educational qualification of Ph.D. in Medical Science (Microbiology) and she was initially appointed as Tutor/ Demonstrator in the Department of Microbiology, JNIMS on 01-12-2010. The appellant No. 6 possess post-graduate degree in Pharmacology and he was initially appointed as Tutor in the Department of Pharmacology, JNIMS on 01-07-2014. The appellant No. 7 possess post-graduate degree in Physical Medicine and Rehabilitation and he was initially appointed as Senior Resident in the Department of Physical Medicine and Rehabilitation, JNIMS on 01-12-2010. The appellant No. 8 possess post-graduate degree in Pathology and she was initially appointed as Tutor/ Demonstrator in the Department of Pathology in JNIMS on 01-12-2010.
All the appellants have rendered more than six years of regular service in the teaching posts of Senior Resident/ Tutor/ Demonstrator in their respective Departments in JNIMS and they have also got more than one year of teaching experience after obtaining their PG degree in the same subject.
4. The authorities of JNIMS farmed a rule called 'The Time Scale Promotion (Regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Demonstrator possessing Post-Graduate Degree) Rules, 2018 (hereinafter referred to as the 'Rules of 2018', for short). The scheme of the said Rules of 2018, as provided under Rule 3, is in the nature of flexible complementing scheme wherein the regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer are upgraded to the posts of Assistant Professor (non-functional) in which no additional posts of Assistant Professor are created and without altering the combined authorised strength for the posts of Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer. The said Rule of 2018 is applicable to only 74 (seventy-four) regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer of JNIMS and 3 (three) regularly appointed Senior Resident/ Tutor/ Demonstrator of Dental College of JNIMS whose names are given in the list enclosed as Annexure-I and Annexure-II appended to the said rule.
5. The objective of the said Rules of 2018 as provided under Rule 5 is to provide opportunity for promotion to the regularly appointed Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer by incurring minimum expenditure and give scope for Time-Scale Promotion to Senior Residents/ Tutors/ Demonstrators/ Lady Medical Officer, who are regularly appointed and have no scope of future promotion. Under Rule 6 of the said Rules of 2018, it is, inter alia, provided that the promotion under the said rule shall be based on the recommendation of the DPC duly constituted as per Rule 10(b) of JNIMS Service Rules, 2015 and that if an Officer appointed to the post under the rule is promoted to the next higher post, retires, expires or leaves the job, the post which the incumbent was holding will cease to exist and revert back to original post i.e., Senior Resident/ Tutor/ Demonstrator/ Lady Medical Officer from which the person was promoted.
6. Under Rule 7 of the said Rules of 2018, it is provided as under:
'7. Scheme Guidelines:
a) They must have requisite and recognized Post Graduate qualification as per M.C.I /D.C.1. norms in the concerned subject.
b) They must have rendered minimum of 6 (six) years o
