WP/12699/1999 of R.BANGARRYA Vs IRRIGATION D EPT VISKHPTNM AND A NOTHER on 24 December 1999

ORDER

THE HON’BLE SRI JUSTICE C.V.RAMULUW.P.No.12699 of 2007

This writ petition is filed seeking a Mandamus todeclare the notification in Rc.No.5/2/ACAD/A5/2005,dated 16.5.2007 issued by the Nizam’s Institute ofMedical Sciences, Hyderabad so far as invitingapplications for the post of Associate Professor ofOrthopedics and action of the respondent authorities innot promoting the petitioner as Associate Professorunder the Assessment Promotion Scheme framedunder Standing Order No.35 as arbitrary, illegal andconsequently to direct the respondents to promote thepetitioner as Associate Professor of Orthopedics withretrospective effect.

It appears that the petitioner passed Master ofSurgery in Orthopedics in the year 1991. Thereafter, he acquired experience as Medical Officer and wasselected and appointed as Senior Resident in theDepartment of Orthopedics at Nizam’s Institute ofMedical Sciences, Hyderabad ( for short ‘NIMS’) in theyear 1995 and continued in the same post till 1998.

Subsequently, he was appointed as Assistant Professorin the Department of Orthopedics from 23.10.98 andsince then he has been working as such. As per theNIMS Standing Order No.35, dated 20.9.1995Assessment Promotion Scheme was introduced.According to the said scheme, 100% eligible AssistantProfessors shall be promoted as AssociateProfessors.

The grievance of the petitioner is that ignoring thesaid promotional scheme, NIMS issued notificationdated 12.11.2002 opting to conduct direct recruitmentfor the post of Associate Professor and conductedselections on 20.1.2003. Questioning the saidnotification and selection, the petitioner earlier filed WPNo.2187 of 2003. While admitting the said writpetition, on 17.4.2003 in WPMP No.2870 of 2003 thisCourt passed an interim order directing the respondentsto consider the candidature of the petitioner forpromotion to the post of Associate Professor under theAssessment Promotion Scheme.

In said writ petition, counter was filed by therespondents. They have not denied the fact ofexistence of the Assessment Promotion Scheme framed under Standing Order No.35 and the guidelinesprescribed therein. The respondent institute took a stand that the notification was issued only to appoint on“tenure basis” but resorted for regularizing theappointments which had been made on tenure basisand they did not consider the case of the petitionerunder the said scheme. Suo motu contemptproceedings were initiated against the respondents inCC No.653 of 2005 for not considering the case of thepetitioner for promotion and for resorting regularizationof the candidates appointed on tenure basis. At thisstage, the respondents have passed the order dated16.8.2005 informing that the case of the petitioner hadalready been considered and rejected. It was furtherinformed that that his case shall be re-assessed in the next Assessment Promotion Committeeand therefore, the said contempt case was closed.Again the present notification has been issued withoutconsidering the candidature of the petitioner.

It is the grievance of the petitioner that he isentitled to be considered for the post of AssociateProfessor Orthopedic as per the Standing Order No. 35whereas the notification was issued again contrary to the said Standing Order.

There is no necessity to go into all the details.

Though in the counter filed by the respondents it isstated that the Standing Order No.35 was repealed andit is no more in existence, learned counsel for therespondents, on verification, stated that the saidStanding Order is not repealed and it is in vogue as ofnow.

Under these circumstances, prima facie, it

appears that issuance of the said notification invitingapplications for filing up the post of Associate professorOrthopedic is illegal. However, learned counsel SriJ.Sudheer appearing for the respondents stated thatNIMS is ready, to consider the case of the petitioner, asper the Standing Order No.35.

In view of the above, without expressing any opinion on merits, the respondents are directed toconsider the case of the petitioner for promotion to thepost of Associate Professor Orthopedic as per theStanding Order No.35 and pass appropriate orderswithin a period of four weeks from the date of receipt ofcopy of this order. However, it is made clear that anyapplication received in pursuance of the notification dated 16.5.2007 against the post of AssociateProfessor Orthopedic shall not be taken intoconsideration for the purpose of selection andappointment etc.

Writ petition is disposed of accordingly. No costs.

Note: Issue CC by one week.(B.O) rkk

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12-02-2008