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Himachal Pradesh High Court · body

2025 DIGILAW 912 (HP)

Anupam Badhan v. State of H. P.

2025-05-05

JYOTSNA REWAL DUA

body2025
JUDGMENT : Jyotsna Rewal Dua , J. The respondents are not convening the meeting of Departmental Promotion Committee (DPC) for promotion to the vacant post of Assistant Professor (Paediatrics) at Sh. Lal Bahadur Shastri Government Medical College & Hospital (LBSGMC&H) Ner Chowk , District Mandi. Petitioner feels aggrieved against this inaction of the respondents. 2. As per facts pleaded in the writ petition:- 2(i) Petitioner qualified MBBS in the year 2002 from Indira Gandhi Medical College (IGMC), Shimla. He joined as Medical Officer in the respondent-State on contract basis on 28.01.2004. His services were regularized on 05.03.2007. Petitioner completed MD Paediatrics in June, 2014, whereafter he remained posted at Regional Hospital Kullu for rendering mandatory service for two years as per applicable Rules/Policy. Petitioner served as Senior Resident w.e.f. November 2016 to November 2019 at IGMC. He was thereafter posted as Medical Officer (Paediatrics). On 28.07.2021, petitioner was designated as Assistant Professor & posted at LBSMC&H Ner Chowk, District Mandi against over all vacancies of faculty in the aforesaid college. Petitioner’s aforesaid designation was purely a stop gap arrangement and did not confer any right upon him for regularization, continuation and any other service benefit. 2(ii) Further promotion from the post of Assistant Professor is to the post of Associate Professor (Paediatrics). As per applicable Recruitment and Promotion (R&P) Rules for promotion to the post of Assistant Professor, (i) 50% of the posts are to be filled up by promotion, failing which by direct recruitment and (ii) 50% by direct recruitment or on contract basis. The R&P Rules also provide for eligibility for the post of Assistant Professor as under:- “By appointment (by selection) from amongst the Member of H.P. Civil Medical Service (General Wing) having recognized PG Degree or its equivalent qualifications in the concerned specialty and possess at least 3 years teaching experience as Lecturer/ Registrar/ Demonstrators/ Tutor/ Sr.Resident/ Chief Resident in the concerned specialty in any recognized Medical College after doing Post-Graduation failing which by direct recruitment or on contract basis". 2(iii) A post of Associate Professor (Paediatrics) was lying vacant at LBSMC&H Ner Chowk, District Mandi since its creation on 14.09.2016. One Dr. Vinod Kumar serving as Assistant Professor (Paediatrics) became eligible for promotion to the post of Associate Professor in November, 2023. 2(iv) Respondents convened the meeting of DPC for promotion to the post of Associate Professor (Paediatrics) in January 2024. Dr. One Dr. Vinod Kumar serving as Assistant Professor (Paediatrics) became eligible for promotion to the post of Associate Professor in November, 2023. 2(iv) Respondents convened the meeting of DPC for promotion to the post of Associate Professor (Paediatrics) in January 2024. Dr. Vinod Kumar was promoted as Associate Professor (Paediatrics) on 15.01.2024. The post of Assistant Professor (Paediatrics) previously held by Dr. Vinod Kumar thus fell vacant. 2(v) To fill up the vacancy of Assistant Professor (Paediatrics) that arose on 16.01.2024, respondent No.1 called options from respondent No.2 on 31.01.2024. Options were received by respondent No.1 on 06.03.2024. Consequent thereupon, Vigilance Clearance Certificate (VCC) of eligible incumbents falling in the zone of consideration were invited from the Vigilance Department on 03.04.2024 & 09.04.2024. Vigilance Department issued VCC on 22.04.2024 & 30.04.2024 having validity period of six months. ACR dossiers of the eligible candidates were received by respondent No.1 on 12.03.2024, 18.03.2024 & 03.04.2024. Meeting of DPC could not be convened due to enforcement of Model Code of Conduct on account of ensuing Lok Sabha Elections w.e.f. 16.03.2024 to 04.06.2024. Subsequently on account of a representation preferred by the petitioner for convening the DPC for promotion to the post of Assistant Professor (Paediatrics) by confining the zone of consideration only to the candidates, who were eligible as on 01.01.2024, meeting of DPC was not convened. Petitioner’s representation statedly remained under consideration. Petitioner had represented for confining the zone of consideration for determining the eligibility as on 01.01.2024 on the strength of office memorandums dated 08.05.2017 and 12.08.2021 issued by Government of India. The Personnel Department clarified on 12.07.2024 that the aforesaid office memorandums had not been adopted by the respondent-State. Respondent No.1, thereafter again called for fresh Integrity certificate and other requisite documents on 28.11.2024 from respondent No.2 for convening the DPC meeting. The meeting of the DPC has still not been convened. In the aforesaid background, the petitioner instituted this petition on 29.10.2024 seeking following substantive reliefs:- “(i) That the respondents may kindly be directed to convene the DPC for the post of Assistant Professor (Paediatrics) in SLBSGMC Ner Chowk Mandi, District Mandi, H.P. by considering candidates who were eligible for promotion to the post of AP on the day the post fall vacant i.e. January, 2024 in the interest of justice. ii) That Respondent No 1-Principal Secretary (Health) may kindly be directed to consider the petitioner for promotion to the post of Assistant Professor (Pediatrics) in SLBSGMC Ner Chowk, District Mandi, H.P. on regular basis w.e.f. April 2024 against the one available vacancy, in terms of Instructions mandating holding of DPC in April every year. iii) That Respondent No 1-Principal Secretary (Health) may kindly be directed to consider the petitioner for promotion to the post of Assistant Professor (Pediatrics) in SLBSGMC Ner Chowk Mandi, District Mandi, H.P., on regular basis, from the earliest date of the year 2024 when any of his junior officer in the parent cadre of Department of Health and Family Welfare was promoted as Assistant Professor on the basis of DPC held in the calender year2024.” 3. During hearing of the case, learned counsel for the petitioner submitted that she is under instructions not to press relief No. (i). Learned counsel for the petitioner further submitted that petitioner only seeks a direction to the respondents to immediately convene the meeting of DPC for promotion to the post of Assistant Professor (Paediatrics) in LBSMC&H Ner Chowk, District Mandi, in accordance with law. Learned counsel also submitted that insofar as Relief No.(iii) is concerned, petitioner be permitted to urge this relief at an appropriate stage, in accordance with law, in case necessity so presents itself in future. Prayer is accepted. Petitioner is at liberty to seek Relief No.(iii) at an appropriate stage. Submission of learned counsel for giving up Relief No.(i) is noted. 4. CMP No.21802/2024 has been moved by Dr. Ajay Vaid, seeking impleadment in the writ petition vis-a-vis relief No.(i) prayed for by the petitioner with the assertion that zone of consideration for determining eligibility for promotion to the post of Assistant Professor (Paediatrics) cannot be limited to January 2024. That the applicant became eligible for promotion to the post of Associate Professor (Paediatrics) on 08.02.2024 and is at Serial No.1 in the list of eligible candidates for promotion to the post of Assistant Professor (Paediatrics), prepared by the respondent-department, whereas name of petitioner figures at Serial No.2. Learned counsel for the applicant submitted that in view of petitioner now foregoing relief No. (i), he would not be pressing for adjudication of the application bearing CMP No.21802/2024. The application stands disposed of, accordingly. 5. Learned counsel for the applicant submitted that in view of petitioner now foregoing relief No. (i), he would not be pressing for adjudication of the application bearing CMP No.21802/2024. The application stands disposed of, accordingly. 5. Respondents in their reply have not denied that post of Assistant Professor (Paediatrics) had become available for promotion on 16.01.2024. That they had taken steps for filling this vacancy by calling options as well as VCC of the eligible candidates falling within the zone of consideration. That the VCC were available with them in April 2024 with validity of six months. That respondents did not convene the meeting of the DPC (i) initially due to enforcement of Model Code of Conduct on account of Lok Sabha Elections and (ii) subsequently, on account of a representation filed by the petitioner for confining the zone of consideration and determining the eligibility as on 01.01.2024. Upon clarification of the issue from the Personnel Department that office memorandums relied upon by the petitioner in his representation for determining the eligibility as on 01.01.2024 were not applicable having not been adopted by the State, respondent No.1 called for fresh Integrity certificates and other documents on 28.11.2024 from respondent No.2. During the course of hearing, learned Deputy Advocate General apprised that the requisite documents were received by respondent No.1 on 07.03.2025. Since the post is lying vacant w.e.f. 16.01.2024; the respondents have twice undertaken the exercise for calling VCC and other requisite documents; zone of consideration has already been prepared; requisite documents are now with the respondents; incumbents falling in the zone of consideration are awaiting for being considered for promotion to the post concerned, therefore, in the interest of justice, this writ petition is disposed of by directing respondent No.1 to convene the meeting of the Departmental Promotion Committee for promotion to the post of Assistant Professor (Paediatrics) within four weeks from today i.e. or or before 30.05.2025. The result/recommendations be taken to the logical conclusion. Pending miscellaneous application(s), if any, shall also stand disposed of.