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2025 DIGILAW 310 (HP)

Rakesh Kumar Thakur v. State of Himachal Pradesh

2025-03-07

JYOTSNA REWAL DUA

body2025
JUDGMENT : Jyotsna Rewal Dua, J. 1. Aspiring to be considered for promotion to the post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pandit Jawahar Lal Nehru Medical College, Chamba (in short ‘Pt. JLNGMC Chamba’) and feeling aggrieved against the action of the respondents in advertising this single post on 06.02.2025 to be filled in through direct recruitment, the petitioner has preferred this writ petition. 2. Pursuant to the order dated 21.02.2025, learned Deputy Advocate General has placed on record instructions dated 07.03.2025 from the Special Secretary (Health), Government of Himachal Pradesh. Mr. Ashwani K. Sharma, Special Secretary (Health), Government of Himachal Pradesh, has attended the hearing today. Though the respondents have not filed reply, however, based on the interactions with the Special Secretary (Health) present during today’s hearing, the understanding of the issue involved by the respondents and with their consent as expressed by learned Deputy Advocate General that reply is not required, the petition is being taken up for disposal, since the facts and resultant consequences as narrated hereinafter are not in dispute. 3.......... (i) Petitioner serving as Senior Resident was promoted to the post of Assistant Professor in Pt. JLNGMC Chamba vide notification dated 29.02.2020. This was his regular promotion in the Department of ENT against vacancy. Further promotion channel available to the petitioner was for the post of Associate Professor. (ii) It is not in dispute that in terms of applicable Recruitment and Promotion Rules (Annexure P-10), the post of Associate Professor is to be filled up 100% by promotion, failing which by direct recruitment. For determining eligibility for promotion, the Recruitment and Promotion Rules provide that Assistant Professor, who possesses 5 years of regular service or regular combined with continuous ad hoc service rendered upto 31.03.1998 in the Grade in the concerned specialty, failing which by promotion from Assistant Professor, who possesses 6 years of regular service or regular combined with continuous ad hoc service, if any, as Assistant Professor and Lecturer combined in the concerned specialty etc. would be eligible for promotion to the post of Associate Professor. (iii) With prior approval of the Hon’ble Cabinet, the respondents issued an advertisement on 06.02.2025, inviting applications, inter alia, for one post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba and one post of Associate Professor (ENT) in Dr. YSPGMC, Nahan, District Sirmaur, to be filled up through direct recruitment. (iii) With prior approval of the Hon’ble Cabinet, the respondents issued an advertisement on 06.02.2025, inviting applications, inter alia, for one post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba and one post of Associate Professor (ENT) in Dr. YSPGMC, Nahan, District Sirmaur, to be filled up through direct recruitment. The closing date for submission of applications, mentioned in the advertisement was 06.03.2025. Presumably as pointed out by the Special Secretary (Health), the advertisement for filling the post of Associate Professor in Pt. JLNGMC Chamba through direct recruitment was issued on the ground of there being no eligible Assistant Professor falling in the zone of consideration for promotion to the post of Associate Professor at that time. (iv) Petitioner’s case is that he completed five years of regular service as Assistant Professor and satisfied the eligibility criteria for promotion to the post of Associate Professor on 04.03.2025, i.e. before the closing date of submission of applications under the advertisement dated 06.02.2025. He having become eligible for promotion to the post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba, as on 04.03.2025, the respondents cannot proceed ahead for filling up one post of Associate Professor, Oto-Rhino-Laryngology (ENT) in Pt. JLNGMC Chamba advertised on 06.02.2025 through direct recruitment. 4. There is force in petitioner’s contention. Though the petitioner does not have any vested right for promotion, however, he has right to be considered for promotion. Petitioner has admittedly become eligible to be considered for promotion to the post of Associate Professor in the concerned specialty in the Pt. JLNGMC Chamba,w.e.f. 04.03.2025. This is a date even prior to the closing date fixed under the advertisement for submission of applications for direct recruitment against the post in question. It is also an undisputed fact that as per applicable Recruitment & Promotion Rules, post of Associate Professor is to be filled in 100% by promotion and it is only failing this scenario that the post can be filled up through direct recruitment. Petitioner having become eligible for promotion to the post of Associate Professor even before the last date of submission of applications under the advertisement dated 06.02.2025, certainly has a right to be considered for promotion against the post.The Special Secretary (Health), who is present in Court, has also submitted that in view of above, the respondents are now ready to withdraw one post of Associate Professor, Oto-Rhino-Laryngology (ENT) at Pt. JLNGMC Chamba advertised on 06.02.2025 for its filling by direct recruitment and for filling up the said post by promotion in accordance with applicable Recruitment and Promotion Rules. 5. In view of above discussion, this writ petition is allowed and is disposed of with the directions that one post of Associate Professor, Oto-Rhino-Laryngology (ENT) at Pt. JLNGMC Chamba, advertised by respondents on 06.02.2025, to be filled-up by direct recruitment, be treated to have been withdrawn. Appropriate and necessary orders be passed in this regard by respondents within 7 days. Respondents are further directed to take appropriate steps in accordance with law for convening meeting of Departmental Promotion Committee (‘DPC’) for considering the name of the petitioner and other eligible persons, if any, for promotion to the post of Associate Professor, Oto-Rhino-Laryngology (ENT) at Pt. JLNGMC Chamba. Learned Deputy Advocate General on instructions from Special Secretary (Health), prays for six weeks time for convening the meeting of DPC. The DPC be accordingly convened within six weeks as prayed for. 6. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.