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Judgment
The petitioner has filed this writ petition seeking the following reliefs:
“i)Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, for directing them, to transmit the records, appertaining to this writ petition, lying with them, for rendering substantive and conscionable justice to the petitioners, and for quashing/setting aside the impugned Letter dated 26.02.2026 (Annexure-9 supra) insofar as the same did not forward the name of the petitioner;
ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for mandating/directing them, to revoke/rescind the impugned Letter dated 26.02.2026 (Annexure-9 supra) insofar as the same did not forward the name of the petitioner, and thereby consider the prayer of the petitioner for promotion to the post of Assistant Professor inasmuch as the petitioner fulfils every criteria required for promotion to the said post;
iii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Prohibition and/or in the nature thereof, shall not be issued for restraining/prohibiting the respondents, from acting in any manner, in furtherance of the impugned Letter dated 26.02.2026 (Annexure-9 supra);
iv) In the Ad-interim, and thereafter, upon hearing the parties, in the Interim, pass an Order in terms of relief (iii) supra;
v)Call for the records appertaining to this writ petition;
vi) Costs of and incidental to this writ petition;
vii) After hearing the parties, be pleased to make the Rule Absolute in terms of i. & ii. above;
viii) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;
AND For this gracious act of kindness, the humble petitioner abovenamed SHALL AS IN DUTY BOUND EVER PRAY.”
Heard Learned Senior Counsel, Mr. Somik Deb assisted by Learned Counsel, Mr. Jishan Samed appearing on behalf of the petitioner. Also heard Learned Addl. GA, Mr. Mangal Debbarma appearing on behalf of the respondents-State.
Taking part in the hearing, Learned Senior Counsel for the petitioner submitted that vide a working certificate dated 10.10.2009, the petitioner was assigned to function as Senior Resident/Registrar in the Department of Orthopaedics at AGMC & GBP Hospital, Agartala w.e.f. 02.05.2006 (Annexure-2). Learned Senior Counsel further submitted that in the year 2016, the Health & Family Welfare Department, Government of Tripura issued one notification dated 21.03.2016 (Annexure-3) from which it can be found that the present petitioner and others in their respective departments, had been engaged as Basic Teacher (Tutor/Registrar/LMO) in AGMC & GBP Hospital during the period from 2005 to 2010 and were still working as Basic Teacher (Tutor/Registrar/ LMO). According to Learned Senior Counsel, the said notification was the provisional seniority list of the petitioner and others, wherein it was mentioned that the petitioner had been discharging the duty of Registrar w.e.f. 02.05.2006.
It was further submitted by Learned Senior Counsel that by notification dated 29.03.2016 (Annexure-4), the Health & Family Welfare Department, Government of Tripura published a list of Medical Officers who were engaged as Basic Teacher (Group-A, Gazetted) in different disciplines and absorbed them in the scale of pay of Rs.15,600/- to 39,100/- with Grade Pay of Rs.5400/-. The name of the petitioner was at serial No.17 in the respective Department of Orthopaedics.
Learned Senior Counsel further drawn the attention of this Court to the notification dated 14.02.2022 issued by the National Medical Commission namely, the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 wherein in Table 1C of Regulation 6, the following criteria is mentioned in respect of the appointment of Assistant Professor. The relevant portion of Table 1C is reproduced hereunder:
| Posts | Academic Qualifications | Teaching and Research Experience |
| Assistant Professor | MD/MS/DNB in the concerned subject OR During Transition period MD/MS/DNB in Broad specialty as provided in Table 4.A | Special training for three years in the respective new broad specialty subject in a teaching Institution/Centre of Excellence with dedicated service in that specialty. |
Learned Senior Counsel also drawn the attention of this Court to Regulation 11.2 of the said Regulations, wherein under Table I(B) relating to the list of Departments in Broad Specialty, Orthopaedics has been listed at serial No.4 as Broad Specialty under Surgical Broad Specialties (MS).
Learned Senior Counsel again drawn the attention of this Court to Table 4.A (Surgical Broad Specialties with Academic qualifications) of the said regulation, wherein in respect of Orthopedics, the following academic qualifications and method of recruitment is mentioned:
| Sl. No. | Name of the Specialty | Academic Qualification | Method of recruitment | Academic Qualifications during Transition period |
| 4. | Orthopedics | MS/DNB (Orthopedics) | As per Table 1A under section 6 in the Subject of Orthopaedics | Not applicable as ten years from the date of notification to start the course from erstwhile MCI is completed. |
Learned Senior Counsel further submitted that by the aforesaid Regulations of 2022, which has been published in the Government of India Gazette, the “Minimum Qualifications for Teachers in Medical Institution Regulations, 1998” was repealed.
In support of his contention, Learned Senior Counsel again drawn the attention of this Court to the Tripura Medical Education (Administrative & Faculty) Service Conditions Rules, 2015 wherein in Schedule-II (Method of Appointment to different Teaching posts under the service), the teaching and research experiences for promotion to the post of Assistant Professor are mentioned as under:
Referring the same, Learned Senior Counsel submitted that the language used as aforesaid reveals that promotion would depend upon the MCI regulations as amended time to time.
After that, Learned Senior Counsel drawn the attention of this Court referring the National Medical Commission notification dated 30.06.2025, wherein under Regulation 2(c), “broad specialty” has been defined as the specialties in Master of Surgery or Doctor of Medicine or Diploma specified in Table A and Table B of the Schedule. It was submitted by Learned Senior Counsel that in the said notification, in Table E (Experience, research and other requirements for faculty in medical broad specialties and surgical broad specialties) of the Schedule, the following requirement has been mentioned in respect of Assistant Professor. The relevant portion is mentioned as under:
Referring the same, Learned Senior Counsel submitted that for the post of Assistant Professor, the petitioner has got the requisite qualification as he was appointed in the year 2006, which is prior to 08.06.2017 and by this time, he has got the requisite four years of experience which can be transpired from notification dated 17.01.2026 (Annexure-8). In serial No.13, in respect of the discipline of Orthopaedics, the name of the petitioner appeared in serial No.1. However, on 26.02.2026, a letter was written by the Director of Medical Education, Government of Tripura, Agartala to the Principal, AGMC wherein in Annexure-1(List of Basic Teacher), the name of the petitioner was found to be absent under the Department of Orthopaedics. Learned Senior Counsel submitted that the name of the petitioner appeared in serial No.17 in the seniority list dated 21.03.2016 (Annexure-3).
It was further submitted that the petitioner earlier submitted one representation to the Director of Medical Education on 16.07.2025 praying for his promotion to the post of Assistant Professor, but the same has not been considered. So, Learned Senior Counsel urged for granting relief to the petitioner by allowing this writ petition.
The respondents-State have contested the case by filing counter affidavit. In para Nos.5, 7, 9 and 10 of the counter affidavit, the State-respondents have stated as under:
diploma holders appointed as Senior Residents in a recognized medical institution before 08.06.2017 having total experience of four years as Senior Resident;”
That, in reply to para 2.1 of the writ petition, I say that it is a fact that the Essential Qualification and experience required for promotion to the post of Assistant Professor under the Tripura Medical Education (Administrative & Faculty) Service Conditions Rules, 2015 is (i) Promotion to be made from the post of Basic Teacher (Tutor/Registrar) having 3 (three) years' experience in the grade with requisite qualification as prescribed by MCI and as amended from time to time, (ii) Minimum qualifications as prescribed by the MCI and specified in the "Minimum qualification for Teachers in Medical Institutions Regulations, 1998 (published in part-III), Section-4 of the Gazette of India dated 5-12-1998 and as amended from time to time. Qualification required for direct appointment:-(i) MBBS degree included in the First Schedule or Second Schedule or Part-II of the Third Schedule of the Indian Medical Council Act, 1956 (102 of 1956) and requisite Post Graduate degree for the Specialties group and requisite post-doctoral degree for the Super Specialties group, as prescribed by the MCI and specified in the "Minimum Qualification for the Teachers in Medical Institutions Regulations, 1998" as amended from time to time and (ii) Candidate should have minimum 2(two) years' of teaching experience. Provided that the teaching experience rendered as Demonstrator of Resident Medical Officer-cum-Clinical Tutor and Lecturer, during the course of Post Graduate training in that particular discipline in a Recognized Medical Teaching Institution shall also be reckoned as teaching experience.
That, in reply to para 2.3 of the writ petition, I say that it is fact that the Under Secretary, Health & Family Welfare Department, Govt. of Tripura has published Final Seniority List of Medical Officers of Tripura Health Service in different grades who were engaged as Basic Teacher vide Notification dated 21-03-2016 & 23-03-2016 (Annexure-3 to the Writ Petition), wherein, the serial no. as per present THS cadre seniority list, the name of the petitioner was shown at 106 (Gr-III) (ST) and his name was also shown at Sl. No. 17 in the Department of Orthopedics.
That, in reply to para 2.5 & 2.6 of the writ petition, I say thatit is fact that as per Teaching Eligibility Qualification in Medical Institutions Regulations, 2012, for the post of Assistant Professor, the academic Qualification is MD/MS/DNB in the concerned subject and the teaching and Research Experience is one year as Senior Resident in the concerned subject in a recognized permitted medical college after acquiring MD/MS Degree. It is further to mention here that as per National Medical Commission Notification published in the Gazette of India, Extraordinary dated 30-06-2025, the academic qualifications for faculty in medical broad specialties (Table-A) for the post of Assistant Professor is MD/DNB in the concerned subject. It is also to mention here that as per Table-E, for the post of Assistant Professor, the experience, research and other requirements for faculty in medical broad specialties and surgical broad specialties (Doctor of Medicine (MD) and Master of Surgery (MS) as follows;
| Sl. No. | Posts | Academic Qualification | Teaching experience, research, and other requirements. |
| 3. | Assistant Professor | As per Table A and Table B | (a) One year as Senior Resident in the concerned subject as specified in regulation 8 in a recognized medical institution. Note 1: The requirement of one-year Senior Resident experience is relaxed for those appointed directly as Assistant Professor in Government Medical Institute immediately before the publication of these regulations. Note 2: The experience gained by a Tutor in a medical institution of his specialty, having a postgraduate degree, shall be considered equivalent to the experience required as a Senior Resident for the purpose of eligibility for the post of Assistant Professor. Note 3: The experience gained by a Demonstrator in a medical institution of his specialty, having a Master of Science and Doctor of Philosophy degree, shall be considered equivalent to the experience required as a Senior Resident for the purpose of eligibility for the post of Assistant Professor, or (b) Specialist Medical Officers of the Armed Forces, having at least one year teaching experience or two years of clinical experience after obtaining the required postgraduate qualification in the concerned subject. Note: In the specialty of Aviation Medicine and Marine Medicine two years of such experience in flying Squadrons and in Diving and Escape |
Training Schools respectively will be considered equivalent to one year of teaching experience (in lieu of Senior Resident) to become an Assistant Professor; or c) A non-teaching Consultant or Specialist or Medical Officer, possessing postgraduate medical degree with at least two years of experience in a Government hospital having at least 220 beds, shall be eligible to become an Assistant Professor of that broad specialty without the requirement of experience as Senior Resident and shall complete the Basic Course in Biomedical Research within two years of appointment; or d) diploma holders appointed as Senior Resident in a recognized medical institution before 08-06-2017 having a total experience of four years as Senior Resident; or d) diploma holders working as Specialist or Medical Officer in the respective departments of a government medical institution or Government Medical institution running National Board of Examination and Medical Science recognized teaching programme having cumulative experience of six years.
That, in reply to para 2.7 of the writ petition, I say thatfrom the record, it appears that Dr. Swarajit Debbarma had submitted an application dated 16-07-2025 addressed to the Director, Directorate of Medical Education, Govt. of Tripura through proper channel praying for promotion to the post of Assistant Professor in Orthopaedics Department, as per Gazette Notification of NMC dated 30-06-2025. It is further to state here that on receipt of representation from Dr. Swarajit Debbarma and Referring the same, Learned Addl. GA submitted that the matter in respect of promotion of the petitioner was processed with the government which is still pending for decision. However, in course of hearing, Learned Addl. GA submitted that no decision could be taken by the Department in respect of promotion of the petitioner and urged before the Court to dispose of the case in accordance with the law.
I have heard both the sides at length and perused the writ petition and the documents annexed with the writ petition as well as the counter affidavit filed by the State-respondents.
It is not disputed that the present petitioner started working as a Basic Teacher-cum-Registrar/Senior Resident in the respective Department of Orthopaedics from 02.05.2006 and thereafter he was absorbed through TPSC to the present post on 29.03.2016. Further, in the National Medical Commission notification dated 30.06.2025, in respect of appointment to the post of Assistant Professor, it has been specifically mentioned that diploma holders appointed as a Senior Residents in a recognized Medical Institutions before 08.06.2017, having total experience of four years as Senior Residents will be eligible for appointment to the said post of Assistant Professor.
Here, in this case, as already stated, the petitioner has submitted representation on 16.07.2025 for his promotion to the post of Assistant Professor but, no decision could be arrived at by the Department.
In the counter affidavit, the respondents-State have mentioned the criteria for appointment to the said post. In para No.9 of the counter affidavit, the respondents-State have mentioned the Table E of the National Medical Commission notification dated 30.06.2025, the relevant portion of which is reproduced as under:
The aforesaid point No.(d) and (e) of the notification dated 30.06.2025 (supra) comprises of two separate part and probably the Department has intentionally failed to consider the said clauses for the purpose of promotion of the petitioner.
At the time of hearing, Learned Addl. GA, save and except the plea that no decision could yet been taken by the Department or that the decision of the Department would be subject to the outcome of the writ petition, could not place any other materials on record before this Court to countenance the case of the petitioner.
Since the present petitioner has got all the requisite qualifications to be appointed as Assistant Professor and furthermore, the respondent authority by the counter affidavit could not place any other adverse input against the petitioner for his disqualification for the said post. So, it appears that the petitioner is entitled to be considered for promotion to the post of Assistant Professor, Department of Orthopaedics, AGMC & GBP Hospital.
In the result, the writ petition filed by the petitioner is allowed. The present petitioner is found to be eligible for promotion to the post of Assistant Professor from the post of Basic Teacher which he is holding now.
The respondent authority is hereby asked to consider the promotion of the petitioner to the post of Assistant Professor within a period of 3(three) months from the date of passing of this judgment and order.
With this observation, the present writ petition stands disposed of.
Pending application(s), if any, also stands disposed of.