Jawaharlal Nehru Institute of Medical Sciences (JNIMS) v. Nirendrakumar Singh

Heard Mr.Lenin Hijam, learned Addl. Advocate General, Manipur appearing on behalf of the applicants. Also heard Mr.H.S.Paonam, learned senior counsel respondent/writ petitioner in WP(C) No.231 of 2020 and Mr.N.Umakanta, learned counsel appearing for the petitioner in WP(C) No.638 of 2017 as well as Mr.N.Jotendro, learned senior counsel for the applicants in MC (WP(C)) No.35 of 2022. By these application, the applicants are praying for extension of time for implementing the order dated 20.12.2021 which was passed in MC (WP(C)) No.315 of 2021, on the ground that the exercise for complying the order is taking some time as the first part of the order dated 20.12.2021 regarding upgradation of eligible incumbents under the Time Scale Promotion for 1 Teachers of JNIMS Rules, 2020, the JNIMS Rules, 2015 do not have provision for fixation of inter-se seniority and the process for fixing the said inter-se seniority is under process. It is further submitted that the Model Code of Conduct has come into effect from 8.1.2022 and the process is underway to seek exemption from the Election Commission through the Screening Committee constituted vide order dated 9.1.2022. MC (WP(C)) No.315 of 2021 was disposed of by an order dated 20.12.2021 and the relevant portions are extracted hereinbelow: “After hearing learned counsel for the parties and on consideration of the materials available on record, this Court is of the considered opinion that the interim order dated 18-05-2020 passed in WP(C) No. 231 of 2020 is a blanket order not to fill up the post of Associate Professor & Professor in the JNIMS under the proposed Timescale Promotion Scheme. On consideration of the Timescale Promotion Scheme for Teachers of JNIMS Rules, 2020 which was notified on 18th December, 2020, considered opinion scheme is purely personal and the promotion effected will be non-functional. The submission of the learned Addl. AG that any upgradation in any posts under the Timescale Promotion scheme is purely personal and the incumbents would continue to receive the pay scale of the post held prior to their upgradation unless they are accommodated in a substantive vacancy in the upgraded post has also been considered. is of this Court that upgradation under Accordingly, interim order dated 18-05-2020 passed in WP(C) No. 231 of 2020 is vacated. The applicants are permitted to make upgradation of the incumbents eligible under the Timescale Promotion Scheme for Teachers of JNIMS Rules, 2020. The applicants are also directed to accommodate both the writ petitioners in WP(C) No. 638 of 2017 and WP(C) No. 231 of 2020 in the post of Associate Professor, Community Medicine as proposed by the applicants within three weeks from the date of receipt of a copy of this order. However, accommodation/promotion of 2 the two writ petitioners shall be subject to the outcome of the results in WP(C) No. 638 of 2017 and WP(C) No. 231 of 2020. The prayer for vacation of the interim order dated 15-09-2017 passed in WP(C) No. 638 of 2017 is rejected. Misc case stands disposed of.” Mr.Lenin Hijam, learned Addl. A.G, Manipur submits that the National Medical Commission Rules, would be coming into effect by 17.2.2022 and, therefore, an order is also required to exempt the incumbents who are eligible for upgradation in the Time Scale Promotion Scheme for Teachers of JNIMS Rules, 2020 and also for accommodation of both the petitioners in WP(C) No.638 of 2017 and WP(C) No.231 of 2020 in the post of Associate Professor, Community Medicine. He further submits that the Inter-se seniority is being finalized and, therefore, once the exemption from the Election Commission is obtained, the applicants would have no difficulty in complying with the order dated 20.12.2021 passed in MC (WP(C)) No.315 of 2021. At this stage, Mr.H.S.Paonam, learned senior counsel for the respondents/writ petitioner in WP(C) No.231 of 2020 draws attention of this Court to Annexure M/2 (Colly), particularly to the “Self-contained Note for placing before the Screening Committee to be chaired by the Chief Secretary, Government of Manipur”, issued by the Director JNIMS on 13.1.2022 wherein at Sl.No.4 it is proposed to hold fresh DPC as per the JNIMS Service Rules – 10(b) for accommodating the two writ petitioners in WP(C) No.638 of 2017 and WP(C) No.231 of 2020. He submits that both the writ petitioners were already screened in the DPC held in the year 2017 as per the Rules of the JNIMS and, therefore, a fresh DPC as proposed would be subjecting both the petitioners to another DPC, which is not required. He also submits that at present, considering the length of service, the petitioner would not be 3 eligible for Time Scale Promotion to the post of Professor, Community Medicine and, therefore, a direction may also be issued to keep one post of Professor, Community Medicine vacant. Mr.N.Umakanta, learned counsel appearing for the petitioner in WP(C) No.638 of 2017 endorses the submission made by Mr.Paonam, learned senior counsel for the respondent. Mr.N.Jotendro, learned senior counsel appearing for the applicants in MC (WP(C)) No.35 of 2022 submits that the applicants are entitled to be promoted as Professor under the JNIMS Rules of 2020 as mandated under Rule 4, which provides that Time Scale Promotion shall be implemented every year by drawing up vacancy on the 1st February of every year starting from

1.2.2021 by calculating 22% of the total post of Associate Professors and also Assistant Professors. However, as the same was not done in the year 2021, when the applicants takes up the matter with regard to giving promotion, calculation for the year from 1.2.2021 should be a total of 44% (i.e. 22% for the year 2021 and 22% for the year 2022). Mr.Lenin, learned Addl. A.G, appearing on behalf of the applicants submits that there would be no impediment on the part of the applicants to consider the case of eligible incumbents for Time Scale Promotion to the post of Professor from Associate Professor by calculating 44% of the total regular posts (i.e. from 1st February 2021). He also submits that as and when the exemption is granted by the Election Commission, the case of the petitioners in WP(C) No.638 of 2017 and WP(C) No.231 of 2020 can be considered separately for accommodation in the post of Associate Professor, Community Medicine. After hearing the parties, MC (WP(C)) No.22 of 2022 is accordingly allowed by granting extension of time of 4 (four) 4 weeks for implementing the order dated 22.10.2021 passed in MC (WP(C)) No.315 of 2021 within four weeks’ time from today. The extension is also granted for accommodating both the petitioners in WP(C) No.638 of 2017 and WP(C) No.231 of 2020 in the post of Associate Professor in Community Medicine without holding a fresh DPC. However, for the substantive post of Associate Professor, Community Medicine which arose in the year 2019 the same shall be subject to the outcome of the decision in WP(C) No.638 of 2017. The applicants are also directed to make upgradation of the eligible incumbents including the applicants in MC (WP(C)) No.35 of 2022 under the Time Scale Promotion Scheme for Teachers of JNIMS Rules, 2022 within the extended period. It is also made clear that the National Medical Commission Rules, which is to come into effect from 17.2.2022 would have no bearing on the accommodation of the petitioners in WP(C) No.638 of 2017 and WP(C) No.231 of 2020 for the post of Associate Professor, Community Medicine as well as those incumbents who are eligible under the Time Scale Promotion by calculating 44% of the total regular post (i.e. 22% for the year 2021 and 22% for the year 2022). The parties are also directed that one post of Professor in Community Medicine shall not be filled up which shall, however, be subject to the outcome of the WP(C) No.638 of

2017. Accordingly, these misc applications are disposed of. Furnish copy of this order to learned counsel for the parties through their respective emails/WhatsApp. JUDGE 5 Priyojit KH. JOSHUA MARING KH. JOSHUA MARING 01:51:05 +05'30' 6