Case Note & Summary
The petitioner, Surekha Taterao Landge, completed her B.A.M.S. in 1993 and M.D. in Dravyaguna Vigyan in 1999. She was appointed as Assistant Professor in the Dravyagun Department at respondent No.5-College on 10/08/2001. In 2016, the post of Professor fell vacant, and she applied for promotion. The Director of Ayurved, AYUSH, rejected her claim by order dated 18/07/2024, stating that she had not been appointed as Associate Professor (Reader) and thus was not eligible. The petitioner challenged this order, arguing that the Government Notification dated 16/02/2022, published by the National Commission for Indian System of Medicine, does not require holding the post of Associate Professor as a prerequisite. The court examined the notification and found that the eligibility criteria for Professor include 8 years of teaching experience as Assistant Professor or Associate Professor, which the petitioner satisfied with 23 years of experience. The court held that the Director's order was erroneous and quashed it, directing the respondents to consider the petitioner's promotion in accordance with the notification. The petition was allowed.
Headnote
A) Service Law - Promotion - Eligibility for Professor Post - Ayurveda Teacher - The petitioner, an Assistant Professor in Dravyaguna Vigyan, sought promotion to Professor despite not having been appointed as Associate Professor (Reader). The court held that the Government Notification dated 16/02/2022 does not mandate holding the post of Associate Professor as a prerequisite for promotion to Professor, and the Director's order rejecting the claim was quashed. (Paras 3-10) B) Interpretation of Statutes - Notification - Qualification and Experience - The court interpreted the notification to mean that the requirement of 8 years of teaching experience as Assistant Professor or Associate Professor is an alternative qualification, and the petitioner, having 23 years of experience as Assistant Professor, was eligible. (Paras 7-9) C) Administrative Law - Quashing of Order - The Director's order dated 18/07/2024 was set aside as it erroneously insisted on the post of Associate Professor, which was not required under the notification. (Para 10)
Issue of Consideration
Whether an Assistant Professor in Ayurveda who has not been appointed as Associate Professor (Reader) is entitled to promotion to the post of Professor under the Government Notification dated 16/02/2022, and whether the Director of Ayurved's order rejecting such promotion is sustainable.
Final Decision
The petition is allowed. The order dated 18/07/2024 passed by the Director of Ayurved, AYUSH, State of Maharashtra is quashed and set aside. The respondents are directed to consider the petitioner's claim for promotion to the post of Professor in accordance with the Government Notification dated 16/02/2022.
Law Points
- Promotion eligibility
- Qualification equivalence
- Experience requirement
- Interpretation of statutory notification
- Ayurveda teacher recruitment
