IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7699 of 2022 Date of Decision: 30.05.2025 _____________________________________________________________________ Dr. Vikas Gupta ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate, with Mr. RajeshKumar, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. Mr. Vishwa Bhushan, Advocate, for respondent No. 3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 15.05.2025, issued under the signatures of Special Secretary (Health) to the Government of Himachal Pradesh, Mr. Vishal Panwar, learned Additional Advocate General, though petitioner has rested his claim against the two posts of Assistant Professor in the Medical College concerned, but since on account of his having completed senior residency, he has become eligible for promotion as Assistant Professor (Surgery) on 07.12.2024, department is ready and wiling to consider him for promotion qua aforesaid vacancy but for that purpose, order dated 04.11.2022, whereby department was restrained from conducting DPC for the post of Assistant Professor (Surgery), is required to be vacated. 2. Mr. Sanjeev Bhushan, learned Senior Counsel for the petitioner, after having perused aforesaid communication, fairly states that in case petitioner is considered for promotion to the post of Assistant Professor (Surgery) in DPC to be conducted, he shall have no objection if the private respondent is considered for promotion against the post of Assistant Professor (Surgery), which was available in year 2022. 3. Aforesaid proposal is acceptable to Mr. Vishwa Bhushan, learned counsel for the private respondent. 4. Before considering aforesaid relief/ prayer made by learned Senior Counsel for the petitioner, it is appropriate to reproduce the relevant portion of the communication detailed herein below:- Subject: CWP No.7699 of 2022 titled as Dr. Vikas Gupta vs. State of HP and Ors. Sir. I am directed to refer to the subject cited above and to say that the vacancy pertaining to the year. 2022 when the petir 2 was not eligible, has been stayed by the Hon'ble High Court vide order dated 4/11/2022 which reads as under:- "In the meantime, respondents are restrained from conducting the DPC for the post of Assistant Professor (Surgery)." Further it is submitted that one post of Asstt. Professor (Surgery) Tanda Medical College was also vacated on promotion of Dr. Som Raj Mahajan to the post of Associate Professor, (Surgery) on dated 2/05/2025. The petitioner has also opted against this post being senior most incumbent. Hence, claim of the petitioner is resting against two posts of Assistant Professor in the Medical College concerned. Since as now the petitioner on completion of his remaining period of senior residency has become eligible for promotion as Asstt. Professor (Surgery) on 7/12/2024. It is pertinent to mention here that in such cases where DPC could not be held in any year, Rule 16.29 of Handbook of Personnel Matters Vol. I is attracted, which mandates filling of the post of the concerned vacancy year only from the incumbents eligible at that particular time/period and the same cannot be overlooked and the stay of the Hon'ble High Court in the matter is required to be vacated to convene DPC to the concerned post in accordance with the eligibility criteria prescribed in the Handbook of Personal Matters. Further, the petitioner on attaining eligibility to the post of Asstt. Professor (Surgery) in 2025 is required to be considered against new arising vacancy against which he has opted in advance. You are, therefore, requested to apprise the Hon'ble High Court accordingly and the Department may kindly be allowed to convene the DPC to promote the eligible candidates. 3 5. As per aforesaid communication, one post of Assistant Professor (Surgery) Tanda Medical College was also vacated on promotion of Dr. Som Raj Mahajan to the post of Associate Professor, (Surgery) on 02.05.2025. Since petitioner, being senior most, has opted against this post, coupled with the fact that he has also become eligible for promotion to be considered against this post on account of his having completed senior residency, this Court sees no impediment in accepting the prayer made on behalf of the petitioner that he can be considered against the post of Assistant Professor (Surgery), which as per aforesaid instructions fell vacant on 02.05.2025. 6. Since private respondent was fully eligible to be considered against the post of Assistant Professor (Surgery) in the year 2022 and at relevant time, one post was vacant, his case is also required to be considered for promotion, while resorting to Rule 16.29 of Handbook of Personnel Matters Vol.I, which mandates that vacancies for a particular year be filled from amongst incumbents eligible during that specific time period. 7. Consequently, in view of the above, present petition is disposed of with a direction to the respondents to convene Departmental Promotion Committee for promoting the petitioner against the post fell vacant in May, 2025 and private respondent qua the post, which was available in 2022. Since parties have been 4 litigating for quite long, coupled with the fact that two posts of Assistant Professor (Surgery) are lying vacant, this Court hopes and trusts that needful shall be done by the respondents expeditiously, preferably within three weeks. Interim order, if any, stands vacated. Pending application(s), if any, stand disposed of. May 30, 2025 (Sandeep Sharma), (sunil) Judge 5