Court No. - 33
Case :- WRIT - A No. - 1268 of 2019 Petitioner :- Dr. Sanjay Kumar Pandey Respondent :- State of U.P. and Another Counsel for Petitioner :- Vijay Kumar Singh,Hritudhwaj Pratap Sahi,Ramesh Chandra Tiwari Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for promotion to the post of Professor in Government Homeopathy Medical College was directed to be considered pursuant to an order passed by this Court in Writ Petition (SB) No.30413 of 2016, decided on 22.12.2012. The representation of petitioner has been considered but relief has been denied to him vide order impugned dated 03.03.2017 on the ground that his services on the post of Reader was since below ten years as such promotion is not admissible to him.
Order impugned is assailed on the ground that petitioner has also worked as Lecturer in Mahatma Gandhi Homeopathic Medical College and Hospital, Jabalpur from 01.03.2006 to 16.05.2011 and the teaching experience although was counted for the purposes of grant of appointment on the post of Reader but is ignored for promotion to the post of Professor.
Attention of the Court has been invited to petitioner's representation made pursuant to order passed by this Court in which he has referred to his previous teaching experience from 01.03.2006 to 16.05.2011 in Mahatma Gandhi Homeopathic Medical College and Hospital, Jabalpur. While taking decision the State Government does not appear to have taken note of petitioner's teaching/working in such hospital.
Services of petitioner are governed by U.P. State Homeopathic Medical Colleges Teachers' Service Rules, 1990. Rule 2(b) prescribes eligibility for promotion to the post of Professor, which reads as under:
"(ख) ककिससी ममान्यतमा पपमाप्त हहोम्यहोपपैथथिकि ममेकडिकिल किमालमेज मम उपमाचमायर यमा सह आचमायर किमे रुप मम सम्बनन्न्धित कविषय मम तसीन विषर किमे अध्यमापन अननुभवि किहो सनम्मथलत किरतमे हहयमे दस विषर किमा अध्यमापन अननुभवि।"
As per the aforesaid rule substantively appointed Reader who has worked more than three years and has overall teaching experience of ten years would be eligible for promotion. 50% posts of Professor are to be filled by way of promotion. In the event petitioner's teaching experience at the college in Jabalpur is counted his claim for promotion could be considered since he is otherwise substantively appointed Reader and has completed more than three years' working. This aspect of the matter has completely been omitted from consideration. In the alternative it is noticed that petitioner has otherwise completed more than ten years' service by now. It is also observed that while passing the order impugned petitioner's working in the government hospital alone has been taken note of and his working in the hospital at Jabalpur has not been bestowed any consideration although such claim was raised by the petitioner in his representation. Non-consideration of materials placed before the State Government with regard to petitioner's teaching experience at Jabalpur would render the order impugned arbitrary. In such circumstances, petitioner's claim for promotion will have to be considered, afresh, in light of the above observations.
Writ petition is, accordingly, disposed of by requiring the State Government to reconsider petitioner's claim for promotion, by passing a fresh order, in light of the above observations, within a period of four months from the date of presentation of a copy of this order. Order impugned dated 03.03.2017 is quashed in order to facilitate fresh consideration of petitioner's claim as indicated above.
Order Date :- 21.9.2021 Ashok Kr.