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6. Petitioner no. 4 joined RIMS on 27.01.2007 as an Assistant Professor and subsequently promoted to the post of Associate Professor and Professor with effect from 29.10.2012 and 17.10.2017 respectively. He also held the post of Head of Department, Department of Radiology from 31.01.2015 to 31.01.2022.
7. It is case of the petitioners that they are the seniormost Professors of their respective Departments. Petitioner no. 1 is the senior most Professor in the Department of Cardiology, petitioner no. 2 is the senior most Professor in the Department of Microbiology, petitioner no. 3 is the RC/ seniormost Professor in the Department of Paediatric Surgery and petitioner no. 4 is the senior most Professor in the Department of Radiology and they all continued to work as Head of the Departments of their concerned Departments until recently. On 01.01.2022, petitioners received office order as contained in RIMS/ Estb-1/No. Dated Nil (Annexure-5), issued under the signature of RIMS wherein it has been communicated that the Governing Body of RIMS in its 52nd Meeting held on 11.10.2021, has taken a decision that in every Department appointment to the post of Head of the Department will be made on rotation basis from amongst the interested senior most Professors/ Associate Professors on the basis of seniority for the maximum period of three years. It has also been decided that in those Departments where the Head of the Department has already completed three years, the said decision will be implemented with immediate effect. In compliance of the decision taken by the RIMS Governing Council, the petitioners who have completed their three years "purported tenure" on the post of Head of Department, have been directed to be replaced by the respondent nos. 3 to 6 in their respective Departments, though they are the Associate Professors. Due to action of the respondents - RIMS, petitioners have been forced to work under their juniors who are otherwise not eligible to become Head of the Department. Being aggrieved petitioners filed their protest by way of representations but no action has been taken to redress grievances of the petitioners and hence this writ petition.
11. Learned counsel further argued that respondent nos. 3 to 6 are not working to the post of a Full Time Professor rather respondent nos. 3 is the Associate Professor in the Department of Cardiology with effect from 2016 and till date has not been promoted to the substantive post of Professor. Respondent no. 4 is the Associate Professor in the Department of Microbiology with effect from 2016 and till date he is not promoted to the substantive post of Professor. Respondent no. 5 has got promotion to the post of Associate Professor in the Department of Paediatric Surgery with effect from 05.02.2020 and till date he has not been granted promotion to the substantive post of Professor. Respondent no. 6 has also got promotion to the post of Associate Professor in the Department of Radiology on 01.07.2016 and till date has not been granted promotion to the substantive post of Professor. Learned counsel further argued that the respondent nos. 3 to 6 does not fulfil the requirements as contemplated in Regulations of 2020 of Medical Council of India/ National Medical Council and as such they cannot be given charge of Head of Department. Petitioners being the senior most Professors cannot be forced to work under their juniors who are not at all eligible to become the Head of the Department. The decision of appointment of Head of the Department on "rotation basis" is totally bad in law. Such practice has neither been adopted in AIIMS nor in any State autonomous medical institutes and as such the same is liable to be struck down by this Court. The impugned order has been issued in contrary to the Regulations of the Medical Council of India as also National Medical Commission and the Governing Council of RIMS cannot take any decision in contrary to the regulation framed by National Medical Commission. The eligibility provided in the "Minimum requirements for Annual MBBS Admissions Regulations, 2020" cannot be diluted by the Governing Council of RIMS.
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(xiii) The private respondents are not being holder of substantive post of Professor, do not even compete with the petitioners and are outside the zone of consideration for the post of Head of the Department. The respondent no. 3 is Associate Professor in the Department of Cardiology with effect from 2016 and till date has not been promoted to the substantive post of Professor. The respondent no. 4 is the Associate Professor in the Department of microbiology with effect from 2016 and till date, he has not been promoted to the substantive post of Professor. The respondent no. 5 has got promotion to the post of Associate Professor in the Department of Paediatric Surgery with effect from 05.02.2020 and till date, he has also not got promotion to the substantive post of Professor. The respondent no. 6 has also got promotion to the post of Associate Professor in the Department of Radiology on 01.07.2016 and till date, he has not even been promoted to the substantive post of Professor.