Chennai: Permitting an Assistant Professor (Vascular Surgery), Government Stanley Medical College to participate in the counseling for promotion to the post of Associate Professor, the Madras high court has said his results shall be kept in a sealed cover and produced before the court on the next hearing date.
Justice S.Vaidyanathan passed the interim order and posted to June 4, further hearing of a petition filed by Dr.C.Shanmuga Velayutham.
The judge said G.Sankaran, counsel for the petitioner submitted that the petitioner was appointed as Assistant Professor (General Surgery) as per the selection conducted by Tamil Nadu Public Service Commission on October 25, 2006 and posted in government medical college in Vellore. According to Sankaran, the petitioner was eligible for promotion to the post of Associate Professor on completion of service after acquiring M.Ch degree and also by making journal publications and accordingly, the petitioner was eligible for promotion to the post of Associate Professor in Vascular Surgery on August 13, 2017 itself, the judge added.
The judge said it was the case of counsel for the petitioner that when the petitioner was eligible for promotion to the post of Associate Professor in Vascular Surgery for the year 2018 in the available vacancies, the said vacancies cannot be passed on to the year 2019, while preparing 2018 panel, to deprive the petitioner’s right of promotion. On the other hand, Additional advocate general Narmada Sampath submitted that seniority comes into effect from the date of inspection.
“After hearing both sides, this court is of the view that factual aspects need not be gone into for the present. However, this court permits the petitioner to participate in the counseling and the results of the petitioner shall be kept in a sealed cover and produced before the court on the next hearing date, as promotion to the post of Associate Professor (Vascular Surgery) is not going to be effected immediately, as the government will have to take a decision and pass a government order to that effect”, the judge added.
The judge made it clear that other candidates who have been selected must be informed about the present petition that their placement was subject to further orders in this petition.
