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2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ petition has been filed with a prayer to quash the order dated 27.12.2023 passed by the Opposite Party No.2-Director of Medical Education & Training, Odisha, under Annexure-8 to the writ petition, so far it relates to the Petitioner, and for further direction to Opposite Party No.1 and 2 to give promotion to the Petitioner to the post of Associate Professor in Oral & Maxillofacial surgery in Opposite Party // 2 // No.3-Institution under the Time Bound Career Advancement Scheme as per Government Resolution dated 28.04.2023 or in the alternative to grant regular promotion to the post of Associate Professor in Oral & Maxillofacial surgery with all consequential service and financial benefits within a stipulated period.

4. Mr. Bimbisar Das, learned counsel for the Petitioner submitted that pursuant to Gazette Notification dated 28.01.2010 S.C.B. Dental College and Hospital, Cuttack was segregated from the S.C.B. & M.C.H., Cuttack. The Odisha Service Public Commission published an advertisement No.15 of 2015-16 for recruitment to the post of Assistant Professor in different disciplines including Oral & Maxillofacial surgery. Pursuant to such advertisement, the Petitioner submitted his candidature and eventually the Petitioner was selected by the OPSC and his name was recommended for appointment as Assistant Professor in Oral & Maxillofacial. Finally, on 03.11.2016, the Petitioner was appointed as Assistant Professor in Oral & Maxillofacial sugery in S.C.B. Dental College and Hospital, Cuttack under Annexure-3 to the writ petition and pursuant to such appointment, the Petitioner joined in service on 04.11.2016. In the aforesaid background, learned counsel for the Petitioner submitted that the present Petitioner belongs to the Oral & Maxillofacial surgery Faculty and all throughout she has been serving in the Oral & Maxillofacial surgery Department of S.C.B. Dental College // 3 // and Hospital, Cuttack.

5. The problem arose when the State Government vide Resolution dated 28.4.2023 in an attempt to implement Time Bound Career Advancement Scheme took steps to give promotion to some of the doctors including the present Petitioner. Accordingly, the DMET, Odisha, Opposite Party No.2 directed the Dean and Principal of All Medical Colleges including the S.C.B. Dental College and Hospital, Cuttack to submit research publications of the Teachers for grant of benefits under the TBCA Scheme. Pursuant to such direction of the Opposite Party No.2, the Principal, SCB Dental College and Hospital, Cuttack submitted the research publications of the Petitioner to the Opposite Party No.2 to consider the case of the Petitioner under the TBCA Scheme. Finally, vide order dated 27.12.2023 under Annexure-8 to the writ petition, the Opposite Party No.2 invited the Petitioner for counseling for promotion to the post of Associate Professor in Dentistry in Government Medical College. Since the Petitioner belongs to the Faculty of Oral & Maxillofacial surgery, the Petitioner lodged his objection to the letter of the DMET-Opposite Party No.2 inviting him to appear in the counseling for promotion to the post of Associate Professor in Dentistry vide his letter dated 27.12.2023 & 02.01.2024 under Annexure-11 series to the writ petition. Since no decision has been taken on the objection of the Petitioner submitted before the Opposite Party No.2, the Petitioner being aggrieved by such inaction on the // 4 // part of the Opposite Party No.2 has approached this Court by filing the present writ petition.

6. In course of his argument, learned counsel for the Petitioner contended before this Court that the Petitioner was initially was appointed in the Oral & Maxillofacial surgery Faculty and all throughout he is continuing in Oral & Maxillofacial surgery Stream. He further contended that S.C.B. Dental College and Hospital, Cuttack has been segregated from all other Government Medical Colleges. It was also contended that the S.C.B. Dental College and Hospital, Cuttack is the only Dental college in the State of Odisha. He alleges that the teachers engaged in the S.C.B. Dental College and Hospital, Cuttack belongs to different cadre than the teachers who have been appointed in other Govt. Medical Colleges, although both are appointed under the self-same rules. On such ground, learned counsel for the Petitioner submitted that the conduct of the Opposite Party No.2 in inviting the Petitioner to counseling for appointment to the post of Professor in Oral & Maxillofacial surgery in Government Medical College is highly illegal and arbitrary.