1) it is for management to take a call . As mentioned earlier research publication is not mandatory but desirable

2) unable to find Kerala high court judgement on said issue

Dear Querist

It will be better to contact a lawyer personally or over the phone to get the verdict of the issue along with the documents.

The MCI by its latest amendment has prescribed the qualification for associate professor as 4 years as Assistant Professor with atleast two research papers publication in index journals.  

As far as the authorities are concerned the rule passed by an amendment by MCI was to ensure that practising doctors carry out research and keep themselves updated. But due to work pressure, most of them have not been able to do so. But that cannot be taken as a valid reason as there are many medical journals which accept local research and are willing to share it.” “The health secretaries always cited this rule when the promotions of professors was brought up. They felt research was important. I dont think the management of your college may consider your promotion without the prescribed qualification, however you can first exhaust the remedies within the college authorities first for the relief, afterwards you can escalate the issue with higher authorities or through a court of law.

1. You have no legal right to seek promotion in preference to your junior. The promotion is manned by the rules framed the concerned department or state government. The rules in existence in Kerala and your part of the country may be different, so the ruling of Kerala HC may not apply to your case.

2. If the rules mandate the requirement of publication then the court will not hold it as illegal. If your junior fulfills the eligibility criteria for promotion then you cannot claim the right to be preferred to him on account of your seniority.

Hello!

Without reading the actual text of the Rules applicable to you then (at the time of your supersession) and the latest amended rules, it may not be possible to accurately answer your query.

But still on the basis of what you said, I offer my comment.

You said that at the time of promotion of your junior, the rules did not contain any such requirement as publication of research. That requirement is added recently (i.e. after the event of your colleague's promotion).

Okay! If this is so then I am of the opinion that at the time of considering both of you for promotion two years back, the factor of your colleague's possessing research publication, should not have weighed with the Departmental Promotion Committee. The committee should have assessed performance of both of you by placing you on equal footing, without paying any heed to that factor.

As I guess, the Rules must be providing seniority, merit as factors for promotion. Now you have the factor of seniority on your side. But it may be possible (and this can be clear only after reading actual text of the rules) that the rules allow considering the doing of research publication as a factor adding to the merit of the candidate. In that case, the committee may not be wrong in counting that factor to add to the merit of your colleague. And thus the scales may weigh heavily on the side of your colleague.

And one doesn't know what were the CRs of both of you for the relevant past period. That also counts.

Another thing is lapse of time / delay. You are finding yourself concerned with this after two years of the event? I mean! did you not do any representations to the higher ups? Did you not file a case Administrative Tribunal or High Court and file a case against supersession, within limitation / or within a reasonable time period? The law doesn't help those who sleep over their rights and wake up very late.

Anyways! you may take a chance, and request the court / tribunal for condonation of delay by explaining to the court the "sufficient reasons" which prevented you from approaching court within time.

I tried to search for the Kerala High Court judgment which you talked about. But couldn't lay my hand on it. [(I came across this article "Research publications: Should they be mandatory for promotions of medical teachers?" at this link: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3198514/). See if it is of any help and relevance to you].

But the question is whether the verdict of Kerala High Court is regarding the rules which are exactly worded as those applicable to you? What were the facts in Kerala Judgment? All these factors will have to be carefully scrutinized and then only it can be opined whether or not that judgment will be of any help to you.

I advice you to better personally contact a good lawyer who is an expert in service law, with all your documents, and firstly assesses the merits of your case, and what are the chances you stand to win. Then take steps to remove injustice caused to you.

Wish you all the best.

Adv. Nahush Khubalkar

if publication of research paper is only desirable qualification instead of essential qualification then you have right to be promoted at time. if you had this opportunity before 2 years back then you have right to take advantage of the rules applicable in 2 years back. judgment of one high court is only considerable on other high court it has no binding effect as the judgment of supreme court, high court Guahati has discretion to accept that judgment or not.

1. As per present rule, you should have published two research papers for getting promoted to the post of Associate Professor,

2. Based on the above, you may not be considered to be promoted to the higher post,

3. Not heard of such Kerala High Court Order,

4. However, in your case Apex Court will be required to compel the Authority to consider your promotion.