Madhya Pradesh High Court
Dr. Rashmi Rekha Mishra vs The State Of Madhya Pradesh on 20 March, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-6432-2018
(DR. RASHMI REKHA MISHRA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 20-03-2018
Shri Sanjay K. Agrawal, learned counsel for the petitioner.
Shri Sanjay Dwivedi, learned Dy. A.G. for the
respondents/State.
This petition, under Article 226 of the Constitution of India has sh been filed seeking appropriate direction to consider the case of the petitioner for promotion from the post of Professor to the post of e ad Principal, Government Autonomous Ayurveda College, Burhanpur.
It is the contention that on 6.2.2015, a DPC (Departmental Pr Promotion Committee) was convened wherein the case of the a petitioner was deferred due to non-availability of ACR of the year hy 2012-13. The said ACR is made available in March, 2015 itself.
ad Although, the remark was made by the DPC that as and when the ACR is made available, case of the petitioner would be considered in M circulation but till date no steps have been taken to consider his case of by the DPC. In view of the foregoing, it is urged that the competent authority may be directed to hold a review DPC in circulation in rt continuation of the earlier DPC dated 6.2.2015 and to take a final ou decision within the time frame. C Learned Dy. A.G. appearing on behalf of the respondents/State submits that if petitioner submits a detailed representation indicating h ig all these facts, it would be considered in accordance with law and a H final decision would be taken within time frame, if directed by the Court.
After hearing learned counsel appearing on behalf of both the parties and without expressing any opinion on the merits of the case, this petition may be disposed of with the following directions :-
(i) The petitioner shall submit a detailed representation before the respondents contending the aforesaid facts within two weeks from today alongwith certified copy of this order.
(ii) On receiving such representation of the petitioner alongwith copy of the order passed today by the respondents, the review DPC for the purpose of grant of promotion to the petitioner on the post of Principal, Government Autonomous Ayurveda College, Burhanpur shall be considered by way of circulation and final decision be taken within a period of three months from the date of submission of the representation.
(iii) In case, the petitioner is found entitled for promotion, it be extended to him w.e.f. due date and issue regarding consequential benefits may also be decided within the time frame.
(iv) Needless to observe that if petitioner feels aggrieved by the said order, he is at liberty to take recourse of law afresh.
sh Disposed of with the aforesaid.
e ad Pr (J.K. MAHESHWARI) JUDGE a hy Digitally signed by PARITOSH KUMAR ad Date: 2018.03.23 11:27:33 +05'30' PK M of rt ou C h ig H