Manipur High Court: Lanusungkum Jamir, J. decided on a petition which was filed praying for a direction to permit the applicants to declare the DPC results held on 15-09-2017 which was stayed by order dated 11-09-2017 due to which they were directed not to fill up the post of Associate Professor in JNIMS under the proposed Timescale Promotion Scheme.
Addl. AG appearing on behalf of the applicant submitted that as on date, there were two substantive posts vacant in respect of Associate Professor in Community Medicine in JNIMS, and if the applicants were allowed to accommodate both the writ petitioners subject to the outcome of the writ petitions, the petitioners in both the writ petitions would have the opportunity of being promoted to the next higher post of Associate Professor, Community Medicine. Senior counsel for the petitioner in WP(C) No. 231 of 2020 on the other hand submits that the DPC held on 05-09-2017 pertains not only to the post of Associate Professor, Community Medicine but for other posts also and therefore, if the DPC held on 05-09-2017 is declared then the successful candidate may be promoted to one post and the other unsuccessful candidate may also be accommodated in the next vacant post.
The Court was 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, this Court was of the considered opinion that upgradation under this scheme was purely personal and the promotion effected will be non-functional. Interim order dated 18-05-2020 passed in WP(C) No. 231 of 2020 was vacated. The applicants were permitted to make upgradation of the incumbents eligible under the Timescale Promotion Scheme for Teachers of JNIMS Rules, 2020. Applicants were further directed to accommodate both the writ petitioners in the post of Associate Professor, Community Medicine as proposed by the applicants within three weeks based on the outcome of the results.[Jawaharlal Nehru Institute of Medical Sciences (JNIMS) v. Nirendrakumar Singh, 2021 SCC OnLine Mani 479, decided on 20-12-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
