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2022 DIGILAW 113 (MAN)

Naorem Nena Devi v. State of Manipur

2022-06-16

M.V.MURALIDARAN

body2022
JUDGMENT 1. Heard Mr. H. S. Paonam, learned Senior counsel for the Petitioners, Mr. S. Nepolean Singh, Learned GA for the Respondent Nos. 1 and 2, Mr. Juno Rahman, learned counsel for the Respondent No. 3, Mr. A. Jagjit Singh, Learned counsel for the Respondent Nos. 4 and 5, and Mr. I. Lalitkumar, learned senior counsel for the Private Respondent No.6. 2. In the instant writ Petition, the Petitioners are praying for quashing and setting aside the impugned proposed DPC for promotion to the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS as a continuation of the Dental Council of India's Letter dated 30-12-2021 and further direction to consider the case of the Petitioners prior to the Private Respondent for promotion to the next higher post of Associate Professor in Dental College, JNIMS as and when they become eligible and there are vacant post available. The Petitioners have also prayed for passing an appropriate interim order for restraining the JNIMS authority from holding the DPC for promotion to the post of Associate Professor in the Department of PAEDIATRJC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS during the pendency of the present case. 3. Mr. H.S Paonam, the learned senior for the petitioner submitted that according to the Petitioners, the JNIM, Porompat issued Notification dated 17-4-2018 inviting application for appointment of 18 (eighteen) Assistant Professors in Dental College, JNIMS for various Department including the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, Dental College, JNIMS, Porompat. 4. Consequent upon the recommendation of a duly constituted Selection Board, the present Petitioner No. 1 and the Petitioner No. 2 were appointed as Assistant Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, Dental College, JNIMS vide Order dated 14-8-2018. The Petitioner No 1 is at Serial No. 10 and the Petitioner No 2 is at Serial No. 11 in the list of All the Assistant professor and the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, Department of Dental College, JNIMS, the Petitioner No. 1 is at Serial No. 1 and the Petitioner No. 2 is at Serial No. 2 in order of merits. 5. 5. He further represented that the Private Respondent was appointed as Assistant Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, Dental College, JNIMS vide Order dated 29-9-2019 and the Private Respondent is at Serial No. 3 of the list of Assistant Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, Dental College, JNIMS. In other words, the Petitioners are senior to the Private Respondent amongst the Assistant professors for the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY in Dental College, JNIMS. 6. It is further case of the petitioners are that the next promotional post for the post of Assistant Professor is the Associate Professor. The Dental College, JNIMS being a nascent College and therefore, a lot of development work in terms of faculty, infrastructure and documentation is going on. A separate Recruitment Rules for promotion to the post of Associate Professor is yet to be framed. However, it is learned that the JNIMS authority have taken up process for filling up various teaching posts by way of promotion and perhaps for avoiding any complicacies have sought clarification from the Dental Council of India regarding qualification of the faculty. The Dental Council of India vide Letter dated 30-12-2021 have clarified in terms of the following: 'The Director, Jawaharlal Nehru Institute of Medical Sciences. Imphal be requested to follow BDS Course Regulations 2007 minimum basic Qualification and Teaching Experience. Besides the Service Rules for teachers prescribed by the Medical Education Department of the respective State may be followed.' 7. The Dental Council of India, BDS Course Regulations 2007 would regulate the Dental Colleges in India prescribing the minimum Basic Qualification and Teaching Experience Required for Teaching for Under Graduate Dental Studies, it is prescribed as under: (A) Dental Staff Principal/Dean: Same qualifications as prescribed for a professor. Experience as Professor for not less than 5 years in a Dental Institution. Professor: A BDS Degree of an Indian University or an equivalent qualification with Post graduate qualification/Diplomate of National Board in the subject and with 5 years teaching experience as Reader. Readers: A BDS Degree of an Indian University or an equivalent qualification with Post-graduate qualification/Diplomate of National Board in the subject and with 4 years' teaching experience after post-graduation. Lecturers: A recognized MDS Degree of an Indian University/ Diplomate of National Board or an equivalent qualification. Readers: A BDS Degree of an Indian University or an equivalent qualification with Post-graduate qualification/Diplomate of National Board in the subject and with 4 years' teaching experience after post-graduation. Lecturers: A recognized MDS Degree of an Indian University/ Diplomate of National Board or an equivalent qualification. Tutors: A recognized BDS Degree of Indian University or an equivalent qualification with at least one-year experience. 8. The further case of the petitioners are that with the re-designation of posts, a Lecturer has become Assistant professor, a Reader has become Associate Professor now. Thus, in terms of the teaching experience as prescribed in the Dental Council of India Regulation, 2007, the Petitioners would become eligible for promotion to the post of Associate Professor in August, 2022 as they would be completing 4 (four) years of teaching experience in the said College. The Private Respondent would become eligible for promotion to the post Associate Professor in September, 2023 only. At present, in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY in Dental College, JNIMS, there is 1 (one) Associate Professor (on contract basis) and 3 (three) Assistant Professors on regular basis. 9. The petitioners further stated that the promotion process proposed to be taken up by the JNIMS vide Letter dated 21-10-2021 as contained in Dental Council of India letter dated 30-12-2021 was perhaps put on hold with the enforcement of Model Code of Conduct due to the upcoming 12th Manipur Legislative Assembly election 2022 and the process, if any, could be taken up only after the declaration of the said election. 10. To the shock and surprise of the Petitioners the process of holding DPC for the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS was found to be actively underway surreptitiously even with a request for obtaining exemption /permission from ECI on the pretext of inspection by Dental Council of India with a sole objective for appointing the Private Respondent who is junior to the present Petitioners. The impugned proposed DPC is tailored for favouring the Private Respondent and the same would allow the Private Respondent to steal of march over the present Petitioners who are senior considering their initial entry as Assistant Professor. However, in case of the Private Respondent, she obtained a teaching experience as Assistant Professor of 3 (three) years from Sarjug Dental College, Patna, Bihar. However, in case of the Private Respondent, she obtained a teaching experience as Assistant Professor of 3 (three) years from Sarjug Dental College, Patna, Bihar. Thus, by counting 3 (three) years teaching experience in Bihar, 2 years teaching experience in JNIMS, Imphal. She shall qualify for the post of Associate Professor. A dubious experience Certificate of the Private Respondent was to be submitted before the competent authority. 11. They further stated that however, as submitted by the Petitioners, the claim of the Private Respondent is surrounded by doubt as the experience Certificate obtained by the Private Respondent is a dubious one which have a history of issuing fake Certificate. JNIMS has never issued any order/notification recognizing the same. The process for holding the above mentioned DPC has been surreptitiously done by some high in the office in connivance with the Private Respondent even to the extent that the file movement is done privately without even exposing on the record of the office. 12. The Teacher's Welfare Committee Dental College, JNIMS vide representation dated 20-1-2022 have expressed resentment for such secret DPC proposed to be held for favouring some of the Assistant Professor as the same would be against welfare and interest of the teaching faculty of Dental College, JNIMS. The said representation is also marked to the ECI. 13. The State Government was also requested vide representation dated 22-1-2022 for restraining the JNIMS authority from filling up the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS and Department of Pediatrics Dentistry Dental College, JNIMS as it is case of favouring some Assistant Professor (which would include the Private Respondent) and same will create confusion in the Dental College, JNIMS. 14. 14. Such action of the authority for holding DPC surreptitiously for promotion to the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS only for favouring the Private Respondent, who for favouring the Private Respondent, who is junior to the present Petitioners is against the general principle of seniority inasmuch as the same would allow the Private Respondent to steal a march ahead of the present Petitioners and therefore, prayed this Court to quash and set aside the impugned purposed DPC to be held for promotion to the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS as a continuation of the Dental Council of India Letter dated 30-12-2021 during the enforcement of Election Code of Conduct as the same is tailored for favouring the Private Respondent against the general principle of seniority. 15. The further case of the petitioner are that the impugned proposed DPC for promotion to the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY in Dental College, JNIMS even by obtaining permission/ exemption from ECI is smacked with malafide and is in complete arbitrary exercise of power as it is tailored only to favour the Private Respondent inasmuch as the same would cause heart burning and confusion in the Department including the present Petitioners and therefore, prayed this Court to quash and set aside the impugned proposed DPC for promotion to the post of Associate Professor in the Department of PAEDIATRIC AND PREVENTIVE DENTISTRY, in Dental College, JNIMS as a continuation of office letter dated 30-12-2021. 16. Being aggrieved by the action of the Official Respondent Nos. 1 and 2, the instant writ petition has been filed on the inter alia grounds that since the said proposed promotional process has been initiated surreptitiously for affording promotion to the post of Associate Professor to the Private Respondent by the authority in continuation of Dental Council of India Letter dated 30-12-2021 despite the enforcement of Election Code of Conduct only for allowing to steal a march ahead as the Petitioners who is more meritorious and senior to the Private Respondent in view of the earlier to the Private Respondent their entry to the grade of Assistant Professor by direct recruitment. Accordingly, the proposed process for holding DPC for promotion to the post of Associate Professor in the JNIMS, Porompat is liable to be quashed. 17. The Respondent Nos. 1 and 2 were filed Affidavit-in-opposition and in which it is states that the ECI (Election Commission of India) did not convey approval for the said DPC till the implementation of Code of Conduct and moreover, as per the Interim Order dated 31/01/2022 of this Court, the JNIMS authority has been restricted from holding the DPC for promotion of Associate Professor in the Department of Pediatrics and Preventive Dentistry in Dental College, JNIUMS till 02/03/2022. 18. Mr. S. Nepolean, learned Government Advocate for the respondent Nos. 1 and 2 further states that the said DPC was proposed as per applicable norms of Dental College of India (DCI), BDS Course Regulations, 2007 and Rule 9(5) of JNIMS Service Rule, 2015. The DPC was proposed after following due procedure and the DPC was proposed in consonance with qualifications prescribed for Associate Professor by DCI, BDS Course Regulations, 2007 and in consonance with JNIMS Service Rule, 2015. Moreover, the DPC was not tailored to favor anyone but for the reasons stated in their Affidavit-in-opposition. Therefore, the respondent Nos. 1 & 2 prayed that the present writ petition is liable to be dismissed as devoid of merit. 19. In the Rejoinder Affidavit filed on behalf of the Petitioners, it has been reiterated that the Dental Council of India (DCI) BDS Course Regulations 2007 and JNIMS Service Rules, 2015 were appended in part and the authorities have failed to produce the whole Dental Council of India (DCI) BDS Course Regulations 2007 and the whole JNIMS Service Rule in order to have a convenient interpretation for holding the proposed DPC only to favour the Private Respondent. 20. The experience alleged to be gathered from other Institutions can automatically be counted for affording promotion to the next higher post is nor contemplated in the DCI Regulations neither in the Service Rules of JNIMS. There must be a procedure prescribed for taking into account the experience obtained by an individual for affording service benefits including promotion to the next higher post. For the case in hand, the Private Respondent has submitted a dubious Experience Certificate which was neither part of initial application form submitted to the authority at the time of initial entry. 21. There must be a procedure prescribed for taking into account the experience obtained by an individual for affording service benefits including promotion to the next higher post. For the case in hand, the Private Respondent has submitted a dubious Experience Certificate which was neither part of initial application form submitted to the authority at the time of initial entry. 21. The dubious certificate of the Private Respondent was not produced before the Inspection Committee of the Dental Council of India since 2019 and it is produced only in 2022, Inspection of DCI thereby revealing that the said experience Certificate is obtained only for stealing a march over the writ Petitioners who were appointed prior to the Private Respondent by making a convenient interpretation of the DCI Regulations and JNIMS Service Rules, 2015. 22. The Medical Colleges & Dental Colleges across the country including that of RIMS and JNIMS itself have never taken into account the experience obtained from another Institution while affording service benefits including promotion to any individuals. The JNIMS without preparing a seniority list and in a complete hot haste manner have proceeded with the proposed DPC only to favour the Private Respondent to be promoted to the post of Associate Professor even by overlooking the case of the Writ Petitioners who are senior to the Private Respondent which would create confusion and heart burning in the esteemed Institution. 23. Mr. I. Lalitkumar, learned senior counsel for the respondent No.6 as indicated in its Affidavit-in-opposition is that the matter of enforcement of Election Model Code of Conduct (EMCC) as alleged in the petition is not related to the Private Respondent in view of the fact that such allegation has not been supported by any document. Further, it is to be submitted that any proposed DPC as alleged in the relevant para would automatically go away with the completion of the Election. The Office order dated 28/09/2019, which is not disputed by anyone else, the name of the Private Respondent is clearly at Serial No. 1. Further, it is to be submitted that any proposed DPC as alleged in the relevant para would automatically go away with the completion of the Election. The Office order dated 28/09/2019, which is not disputed by anyone else, the name of the Private Respondent is clearly at Serial No. 1. As per the Dental Council of India (DCI), BDS Course Regulations, 2007, the Private Respondent is being eligible for such promotion for the post of Associate Professor/Reader since October, 2020 and as per the office letter bearing No. SDC/2014-15/6142(A) dated 12/03/2015 issued by the Principal, Sarjug Dental College & Hospital addressed to the Private Respondent speaks the particulars of counting the eligibility for the post in question. Thereafter, the same authority issued an experience Certificate dated 12/03/2018 certifying the Private Respondent of having worked as Lecturer from 12/03/2015 to 11/03/2018 in the Department of Pedodontics and Preventive Dentistry. Therefore, taken into consideration of the experience Certificate issued by the same authority as Lecturer, the Private Respondent has already acquired more than 5 (five) years of Teaching experience as on today. At the same time vide appointment No. 01/02/219-2018 dated 28th September, 2019, the Private Respondent joined her service at JNIMS as an Assistant Professor on 1st October, 2019 and thereby has acquired a teaching experience of more than 5 (five) years as on January, 2022 at JNIMS, Porompat. 24. The private respondent further states that in such a way, before joining the service at JNIMS, the Private Respondent has 3 (three) year of experience period and thereafter, on completion of 4 (four) years of service as on 30/09/2020 she had already completed the period of service of experience more than that of the requirement period of experience of service as on today. Therefore, the Private Respondent acquired her eligibility for more than 5 (five) years in service as per the applicable Rules and Regulations w.e.f. October, 2020. The documents showing the eligibility of the very concerned Institute is recognized by the authority of DCI, it is not at all disputed. Therefore, all these connected relevant documents are genuine and the same is not disputed by the authority of JNIMS on being found genuineness after a thorough scrutiny and examination. 25. 1 (one) post of Associate Professor is now lying vacant at present because of resignation tendered by the incumbent namely Dr. Kongkana Kalita and same was accepted w.e.f. 21/02/2022. Therefore, all these connected relevant documents are genuine and the same is not disputed by the authority of JNIMS on being found genuineness after a thorough scrutiny and examination. 25. 1 (one) post of Associate Professor is now lying vacant at present because of resignation tendered by the incumbent namely Dr. Kongkana Kalita and same was accepted w.e.f. 21/02/2022. Further, as per the relevant Rules and Regulations is counted from October, 2020 at JNIMS should be read together with the past experience certificate as submitted above. However, in the case of the Petitioners' eligibility is to be counted from August, 2022. 26. Since the result of the election has been declared on 10/03/2022, as such, there is no enforcement of Election Model Code of Conduct (MCOC) in Manipur. Allegation made by the Petitioners not only against the Private Respondent but also against the Institute, the Petitioners failed to make such Institution as party respondent. Therefore, only on this ground of non-joinder of necessary party namely Surjug Dental College & Hospital & Mata R. Devi Dental Hospital, Bihar, the present Writ petition deserves to be rejected and dismissed. 27. Since the single post of Associate Professor in the Pediatric and Preventive Dentistry is lying vacant for which in the interest of all concerned particularly to maintain the academic atmosphere and also to maintain the reorganization of JNIMS for Dental College/Education, such post is required to be filled in the earliest without any further delay. 28. Ld. Sr. Counsel I. Lalitkumar Singh appearing for the 6th respondent submitted that as per the Dental Council of India BDS Course Regulation, 2007, the Qualification and Experience of the Examinership for BDS is provided as 'Qualification and experience to be eligible for examinership for BDS examination : 1. M.D.S. Degree from a recognized Institution; 2. 4 years teaching experience in the subject in a dental college after MDS, 3. Should be holding the post of a Reader or above in a Dental Institution approved/recognised by the Dental Council of India for B.D.S.' If the Reader/Associate Professor of the Dental College, JNIMS, Porompat is not filled up by the Official Respondents in time, it will affect to the students of the Dental College, JNIMS as in the Dental College, JNIMS, there is no qualified examinership for BDS examination. 29. 29. For filing up the post of Associate Professor for reorganization of JNIMS by holding the DPC in accordance with law and now be proceeded in the interest of all concerned as the Election Model Code of Conduct has already been over and lifted. 30. The Petitioners and the Respondents have filed the Rejoinders and Sur-Rejoinders one after another and in the Sur-Rejoinder of the Private Respondent dated 8/04/2022, she has raised a point that the Petitioners have no any legal/fundamental right to challenge the appointment process because an ineligible person cannot be challenged for appointment on promotion. 31. Considering all pleading of all parties of the present Case, the two main issues have emerged for consideration by this Court - (1) Whether the present Petitioners are eligible for promotion to the post of Associate Professor of the JNIMS, Porompat, if they are not eligible then they have the locus standi to file the present writ petition and (2) -Whether the Experience Certificate of the Private Respondent is dubious certificate. 32. In regard to the restriction on the process of the DPC proceeding due to the Election Model Code of Conduct, the Ld. Counsel A. Jagjit Singh for the Respondent Nos. 4 (Election Commission of India) and 5 (Chief Electoral Officer, Lamphelpat) submits that no prior approval has been taken before the DPC proceeding was initiated for filling up of the Associate Professor in the JNIMS, Porompat. However, this Court felt that since the election 12th Manipur Legislative Assembly, 2022 is already completed and it will not be necessary to discuss regarding the restriction of DPC proceeding due to the Election Model Code of Conduct. 33. It is undisputed facts that as per the Dental Council of India, BDS Course Regulations 2007, the minimum Basic Qualification and Teaching Experience Required for Teaching for the post of Associate Professor is 'A BDS Degree of an Indian University or an equivalent qualification with Post-graduate qualification/Diplomate of National Board in the subject and with 4 years' teaching experience after post-graduation'. The post of Lecturer has been re-designated as Assistant Professor and the post of Reader has been re-designated as Associate Professor. 34. The post of Lecturer has been re-designated as Assistant Professor and the post of Reader has been re-designated as Associate Professor. 34. It is also not disputed facts of the Petitioners that the Petitioners were appointed as Assistant Professor on 14/08/2018 in the JNIMS, Porompat and if the teaching experience of the Petitioners are counted from 14/08/2018, they have not yet completed 4 (four) years of teaching experience and the Petitioners have also pleaded in their pleading that the Petitioners would become eligible for promotion to the post of Associate Professor in August, 2022 as they would be completing four year of teaching experience in the JNIMS, Porompat. 35. On this issue, the Ld. Senior Counsel Shri I. Lalitkumar Singh for the Private Respondent No.6 submits that since the Petitioners are not eligible for promotion to the post of Associate Professor in the JNIMS, Porompat, they do not have any locus standi to file the present Writ Petition and moreover, the Ld. Sr, Counsel further submits that this Court has no power to relax the eligibility criteria which are provided by the Rules and Regulations. The Ld. Sr. Counsel has also relied the following case laws in support of his submission. (1) (1988) 2 SCC 233 R. Prabha Devi and other v. Government of India and other. The Hon'ble Apex Court held that : '15. The rule-making authority is competent to frame rules laying down eligibility condition for promotion to a higher post. When such an eligibility condition has been laid down by service rules, it cannot be said that a direct recruit who is senior to the promotees is not required to comply with the eligibility condition and he is entitled to be considered for promotion to the higher post merely on the basis of his seniority. The amended rule in question has specified a period of eight years' approved service in the grade of Section Officer as a condition of eligibility for being considered for promotion to Grade I post of C.S.S. This rule is equally applicable to both the direct recruit Section Officers as well as the promotee Section Officers. The submission that a senior Section Officer has a right to be considered for promotion to Grade I post when his juniors who have fulfilled the eligibility condition are being considered for promotion to the higher post, Grade I, is wholly unsustainable. The submission that a senior Section Officer has a right to be considered for promotion to Grade I post when his juniors who have fulfilled the eligibility condition are being considered for promotion to the higher post, Grade I, is wholly unsustainable. The prescribing of an eligibility condition for entitlement for consideration for promotion is within the competence of the rule-making authority. This eligibility condition has to be fulfilled by the Section Officers including senior direct recruits in order to be eligible for being considered for promotion when qualifications for appointment to a post in a particular cadre are prescribed, the same have to be satisfied before a person can be considered for appointment. Seniority in a particular cadre does not entitle a public servant for promotion to a higher post unless he fulfills the eligibility condition prescribed by the relevant rules. A person must be eligible for promotion having regard to the qualifications prescribed for the post before he can be considered for promotion. Seniority will be relevant only amongst persons eligible. Seniority cannot be substituted for eligibility nor it can override it in the matter of promotion to the next higher post. The rule in question which prescribes a uniform period of qualified service cannot be said to be arbitrary or unjust violative of Arts. 14 and 16 of the Constitution. It has been rightly held by the Tribunal: "When certain length of service in a particular cadre can validly be prescribed and is so prescribed, unless a person possesses that qualification, he cannot be considered eligible for appointment. There is no law which lays down that a senior in service would automatically be eligible for promotion. Seniority by itself does not outweigh experience." 16. It has also been observed : "In any event, the appropriate Rule making Authority is the best judge in this regard. The Rule making Authority is certainly competent to amend the Rule and extend the period from 6 years to 8 years so as to make the direct recruits more experienced and suitable for the higher post. That is a matter for the Rule making Authority; the Tribunal cannot sit in judgment over the opinion of the Rule making Authority. No Court or Tribunal can substitute its own view in a matter such as this. That is a matter for the Rule making Authority; the Tribunal cannot sit in judgment over the opinion of the Rule making Authority. No Court or Tribunal can substitute its own view in a matter such as this. Such a Rule framed by a competent Authority cannot be struck down unless it is shown to be violative of any Fundamental Right guaranteed to a citizen under the Constitution." (2) (2012) 9 SCC 545 State of Gujarat and others v. Arvindkumar T. Tiwari and Another. The Hon'ble Apex Court held that : '14. A person who does not possess the requisite qualification cannot even apply for recruitment for the reason that his appointment would be contrary to the statutory rules is, and would therefore, be void in law. Lacking eligibility for the post cannot be cured at any stage and appointing such a person would amount to serious illegibility and not mere irregularity. Such a person cannot approach the court for any relief for the reason that he does not have a right which can be enforced through court. (See: Prit Singh v. S.K. Mangal & Ors., 1993(1) SCC (Supp.) 714; and Pramod Kumar v. U.P. Secondary Education Services Commission). 15. The claim of the respondent was earlier rejected on the ground that, the family had adequate financial status and the amount of pension being given was actually over and above the limit fixed by the appellant issuing the guidelines. Subsequently, when the case was reconsidered upon the direction of the court, it was found that the respondent did not meet the requisite eligibility criteria i.e., 10th standard certificate. Admittedly, the respondent is 8th standard fail, and thus, he can be considered only as 7th standard pass and we must therefore consider, whether he could have been offered appointment to a Class IV post. 16. Clause 9 thereof, provides that no relaxation in educational qualification(s) for the purpose of giving compassionate appointment to the dependant (s) of a deceased employee, would be permissible. However, such relaxation can be granted if there exists some requirement of minimum qualification(s) with respect to the said post. 16. Clause 9 thereof, provides that no relaxation in educational qualification(s) for the purpose of giving compassionate appointment to the dependant (s) of a deceased employee, would be permissible. However, such relaxation can be granted if there exists some requirement of minimum qualification(s) with respect to the said post. Clause 11 thereof, provides that a dependant can, in fact, be given appointment on compassionate ground, on the basis of the pass marks obtained by him in the new Secondary School Certificate and in view thereof, as respondent No. 1 is admittedly only 8th standard (fail), he is therefore, ineligible for the post. Even otherwise, if the direction of the High Court is complied with and the case is considered as per the un-amended provisions in existence prior to 2005, the financial limits fixed therein, would automatically be applicable. His application dated 11.5.1999 reveals that his date of birth is 1.3.1976, and further that he has studied only upto the 8th standard (fail). 17. In view of the above, we are of the considered opinion that since 1991, the eligibility criteria for a Class IV post was set as, the passing of the 10th standard, and as the said respondent had been unable to pass even the 8th standard, he was most certainly, not eligible to apply for the said post. In view of the law referred to hereinabove, it is neither desirable, nor permissible in law, for this court to issue direction to relax the said eligibility criteria and appoint respondent No. 1 merely on humanitarian grounds.' 36. The eligible criteria for the post of the Associate Professor is not only for the JNIMS, Porompat but also applicable to all over India and this Court has no power to direct the authority concerned to fill up the vacant post of Associate Professor when the Petitioners are eligible for promotion. Moreover, the post of Associate Professor is required for Dental students and after resignation of the previous incumbent, it has been lying vacant since 21/02/2022 and as per the Dental Council of India, BDS Course Regulations 2007, one post of Associate Professor is one of criteria of a Dental College having 50 (fifty) seat of students and such criteria is not fulfilled, it may affect to the academic career of the Dental students of the Dental College, JNIMS, Porompat. In other words, un-filling of the Associate Professor shall directly affect the life of the BDS Students of the Dental College, JNIMS, Porompat. Since the Petitioners are not eligible for promotion to the post of Associate Professor, the question of violation of Art 14 and 16 of the Constitution of India are not arisen in the present case and as admitted by the Petitioners that they are not eligible for promotion for the post of the Associate Professor, the Petitioners do not have right to challenge the DPC proceeding for giving promotion to the post of Associate Professor in the Dental College, JNIMS, Porompat. 37. In regard to the second issue, the Ld. Sr. Counsel, H.S. Paonam, learned senior counsel for the petitioners submits that the experience alleged to be gathered from other institutions can automatically be counted for affording promotion to the next higher post is nor contemplated in the DCI Regulations neither in the Service Rules of JNIMS. However, the Ld. Sr. Counsel H.S. Paonam further submits that in the present case, the Private Respondent submitted a dubious Experience Certificate which was neither part of initial application form submitted to the authority at the time of initial entry. 38. The Ld. Sr. Counsel H.S. Paonam of the Petitioners submit that the dubious Certificate of the Private Respondent was not produced before the Inspection Committee of the Dental Council of India since 2019. It is produced only in 2022 Inspection of DCI thereby revealing that the said experience certificate is obtained only for stealing a march over the writ Petitioners who were appointed prior to the Private Respondent by making a convenient interpretation of the DCI Regulations and JNIMS Service Rules. Medical Colleges & Dental Colleges across the country including that of RIMS and JNIMS itself have never taken into account the experience obtained from another institution while affording service benefits including promotion to any individuals. 39. The Ld. Sr. Counsel for the Private Respondent submits that the JNIMS is the authority to decide whether the Private Respondent is eligible for promotion to the post of the Associate Professor and accordingly, he further submits that the present writ petition is filed in premature stage and on this ground the present writ petition is liable to be dismissed. In support to his contention, the Ld. Sr. Counsel for the Private Respondent relied the following citations. In support to his contention, the Ld. Sr. Counsel for the Private Respondent relied the following citations. (i) (2001) 10 SCC 639 Ulagappa and others -Vs- Divisional Commissioner, Mysore and others (ii) (2013) 4 SCC 340 State of Orissa and others -Vs- MESCO Steels Limited and another. 40. The Ld. Sr. Counsel, Mr. I Lalitkumar Singh further submits that the Petitioners failed to make the Institution namely Surjug Dental College & Hospital & Mata R. Devi Dental Hospital who issued the Experience Certificate of the Private Respondent in the present Writ Petition as party respondent and it is also submitted that whether the Experience Certificate is dubious Certificate or not can be ascertained from the said Institution but in the present case, the Petitioners have intentionally failed to make the said Institution as party respondents in the present Writ Petition. 41. In this regard, the Respondent No. 2 made a query for verification of the Experience Certificate issued to the Private Respondent from the Surjug Dental College & Hospital & Mata R. Devi Dental Hospital by writing a Letter being No. JIMS/TS-1/5/2019 dated 02/05/2022 and in reply to the said Letter dated 02/05/2022, the Principal, Surjug Dental College & Hospital & Mata R. Devi Dental Hospital sent a reply Letter being No. SDC/2022/7801 dated 05/05/2022 wherein clarified that the Experience Certificate issued to the Private Respondent is true and genuine. 42. The Ld. Counsel, Mr. Juno Rahman for the Respondent No. 3 (Dental Council of India) has not filed the Affidavit-in-opposition but as per the direction of this Court, he produced a Letter dated 09/05/2022 of the Deputy Secretary, Dental Council of India wherein it has been stated that a copy of the Teaching experience Certificate dated 12/03/2018 issued by the Surjug Dental College & Hospital & Mata R. Devi Dental Hospital in respect of the Private Respondent has been attached in the affidavit submitted by the Dental College, Jawaharlal Nehru Institute of Medical Sciences, Imphal and accordingly, the Ld. Counsel frankly submits that an appropriate order may be passed as the filling up of the vacant post of Associate Professor is one criteria for Dental College in India and otherwise, adverse consequences may be caused to the Dental College, JNIMS, Porompat. 43. Mr. S. Nepolean Singh the learned Government Advocate for the Respondent Nos. Counsel frankly submits that an appropriate order may be passed as the filling up of the vacant post of Associate Professor is one criteria for Dental College in India and otherwise, adverse consequences may be caused to the Dental College, JNIMS, Porompat. 43. Mr. S. Nepolean Singh the learned Government Advocate for the Respondent Nos. 1 and 2 submits that an elaborate Affidavit-in-opposition has been filed in the present case and the Ld. Government Advocate further submits that an Additional Affidavit dated 21/05/2022 has also been filed in order to place on record, the verification report furnished by the Sarjug Dental College & Hospital & Mata R. Devi Dental Hospital, Hospital Road Laheriasarai, Darbhanga, Bihar with regard to the experience Certificate of the Private Respondent No.6 wherein intimated to the Respondent No. 2 that the experience Certificate issued to the Private Respondent is true and genuine. Since the authority concerned verified the same, this Court has not found that the Experience Certificate dated 12/03/2018 of the Private Respondent is dubious Certificate. 44. In view of the above, this Court find no substance in the submissions made on behalf of the Petitioners that a junior cannot steal a march over the senior would prevail and the case of the Private Respondent No.6 can't be considered for affording promotion prior to the Writ Petitioners as the Petitioners are not eligible for promotion to the post Associate Professor and the process of filling up of the vacant post of the Associate Professor is very much necessary considering the life of the BDS Students of the Dental College, JNIMS, Porompat. Regarding the Experience Certificate, the authority concerned/JNIMS has already been verified from the concerned Institution which clearly proved that the certificate is true and genuine one. 45. In view of the above, this Court finds no merit in the present Writ Petition and accordingly, the present Writ Petition is dismissed, however, without any costs. 46. The Interim Order passed earlier stands vacated and all pending Misc. Cases are merged with the present Judgment.