Shakun Residency, Godam ki Talai, Jhalawar Rajasthan v. Government, Department Medical and Health, Govt. of

Mansoor Saify S/o Shri Saifuddin Saify, Aged About 39 Years, Resident Of 114, Shakun Residency, Godam Ki Talai, Jhalawar-326001 (Raj.) ----Petitioner Versus 1 State Of Rajasthan, Through The Principal Secretary, Medical Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

2. The Principal Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

3. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

4. The Additional Director (Rch) And Convener, Jhalawar Hospital And Medical College Society, Jhalawar, Rajasthan

5. Jhalawar Medical College, Jhalawar Through Its Dean. ----Respondents [2025:RJ-JP:14864] (2 of 6) [CW-15235/2015] For Petitioner(s) : Mr. Tanveer Ahamad with For Respondent(s) Mr. Mohit Sharma : Ms. Dhriti Sharma and Mr. Prakhar Jain for Mr. Archit Bohra, AGC JUSTICE ANOOP KUMAR DHAND Order 02/04/2025 S.B. Civil Writ Petition No. 15235/2015

1. The instant writ petition has been preferred with the following prayer: “a) By an appropriate writ, order and direction in the nature thereof the impugned order dated 29.4.2015 may kindly be quashed and set aside and the respondents may kindly be directed to give promotion to the petitioners to the post of Assistant professor in Jhalawar Hospital and Medical College Jhalawar. c) Any other relief as this Hon’ble Court may deem fit and proper be also passed in favour of the petitioner.”

2. By way of filing this writ petition, a challenge has been led to the impugned order dated 29.04.2015 passed by the respondents, by which the case of petitioners has not been considered for promotion to the post of Assistant Professor.

3. Leaned counsel for the petitioners submits that as per the decision of the meeting held on 07.06.2012, it was resolved by the respondents that the persons having PG Degree who have three years work experience as Senior Resident in Jhalawar Medical College would be considered for promotion to the post of Assistant Professor and the case of [2025:RJ-JP:14864] (3 of 6) [CW-15235/2015] Senior Residents holding Diploma would not be considered for promotion. Counsel submits that by issuing a circular dated

13.06.2014, the Dean, Jhalawar Hospital and Medical College invited applications for appointment on promotion to the post of Assistant Professor under Assured Career Progression Scheme (for short ‘ACS’) and the last date for the same was fixed as 25.06.2014. Counsel submits that pursuant to the aforesaid circular, the petitioners applied for promotion to the post of Assistant Professor, but their case was not considered by the respondents holding them as ineligible by passing the impugned order dated 29.04.2015 stating therein that the petitioners were not appointed as Senior Resident on or before 31.12.2010. Counsel submits that this cannot be a ground for not considering the case of the petitioners for promotion, as the petitioners are in possession of the required qualification, hence, interference of this Court is warranted. Counsel submits that as per the guidelines issued by the Medical Council of India and under the ACS Scheme of the College, the petitioners are in possession of the required qualification, hence, under these circumstances, interference of this Court is warranted.

4. Per contra, learned counsel for the respondents-State opposed the arguments raised by the counsel for the petitioners and submitted that the decision taken by the respondents vide order dated 29.04.2015 is just and proper as the petitioners are not in possession of the required qualification, under these circumstances, interference of this Court is not warranted. [2025:RJ-JP:14864] (4 of 6) [CW-15235/2015]

5. Heard and considered the submissions made at the Bar and perused the material available on the record.

6. Perusal of the record indicates that a decision was taken by the Director-cum-Coordinator of Jhalawar Medical College in a Committee meeting conducted on 28.09.2010, wherein, a decision was taken to appoint the candidates through promotion to the post of Assistant Professor, who were working in the Jhalawar Medical College earlier to 31.12.2010 as Senior Resident having the Post Graduate Degree of MD or MS. The aforesaid decision was changed in the subsequent meeting held on 07.06.2012 and in point No.24, it was resolved by the Committee that the Senior Residents holding the PG Degree and having three years experience in Jhalawar Medical College are eligible for consideration for their promotion to the post of Assistant Professor, but the Diploma Holders working on the post of Senior Residents are not eligible for the said purpose.

7. Subsequently, a circular was issued by the Medical College on 13.06.2014 wherein the applications were invited for appointment on promotion to the post of Assistant Professor and the last date for submission of application form was posted as 25.06.2014.

8. Admittedly, the petitioners were not in possession of the required three years experience as Senior Resident in Jhalawar Medical College, hence, they were as not eligible to be considered for promotion on the post of Assistant Professor, hence, under these circumstances, they were not given promotion. [2025:RJ-JP:14864] (5 of 6) [CW-15235/2015]

9. This Court finds no substance in the arguments advanced by the counsel for the State that petitioners were not appointed/working on the post of Senior Resident in the Jhalawar Medical College prior to the date i.e. 31.12.2010. In the subsequent meeting dated 07.06.2012, the earlier decision dated 28.09.2010 was reviewed and the rider with regard to the appointment in the Jhalawar Medical College made prior to 31.12.2010 regarding non-eligibility was lifted and the condition with regard to the requirement of three years experience as Senior Resident in Jhalawar Medical College, to fall under the eligibility criteria for promotion, was included.

10. Since the petitioners were not in possession of the requisite experience on the cut off date i.e. 25.06.2014, they were not eligible to be considered for promotion at the relevant time, but the respondents may consider the case of the petitioners strictly in accordance with law in pursuance of the last decision taken by the Committee in the meeting held on 07.09.2012 by taking into count point No.24.

11. With the aforesaid observations and directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. S.B. Civil Writ Petition No. 2435/2019

12. Since the subsequent writ petition submitted by the petitioner i.e. S.B. Civil Writ Petition No.15235/2015 has been disposed of, the instant writ petition also stands disposed of with directions to the respondents to continue the petitioner [2025:RJ-JP:14864] (6 of 6) [CW-15235/2015] on the post of Senior Resident till the date of taking decision for consideration of the case of petitioner for promotion to the post of Assistant Professor in accordance with law.

13. The needful exercise would be done by the respondents within a period of three months from the date of receipt of certified copy of this order.

14. Before parting with this order, it is made clear that while deciding this petition, this Court has not issued any specific direction to the respondents to consider the case of the petitioner in a particular way. The respondents would be at liberty to decide the same strictly in accordance with law.

15. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/116-117