Qualified Basic Teachers must be considered for promotion as Assistant Professors under applicable NMC regulations.

The petitioner was working as a Basic Teacher-cum-Registrar/Senior Resident in the Department of Orthopaedics at AGMC & GBP Hospital from 02.05.2006 and was subsequently absorbed through the Tripura Public Service Commission on 29.03.2016.

Government seniority notifications recorded him as a Basic Teacher in Orthopaedics.

Under the Tripura Medical Education (Administrative & Faculty) Service Conditions Rules, 2015, promotion to Assistant Professor was available from the post of Basic Teacher/Tutor/Registrar upon completion of three years’ service, subject to the qualifications prescribed by the medical regulatory authority.

The petitioner relied on the National Medical Commission notification dated 30.06.2025, particularly Table E, which recognised eligibility for Assistant Professor posts in respect of diploma holders appointed as Senior Residents before 08.06.2017 with four years’ experience, and diploma holders working as Specialists or Medical Officers with six years’ cumulative experience.

He submitted a representation for promotion on 16.07.2025.

Although the department processed his case, no final decision was taken.

Further, his name was omitted from the list of Basic Teachers forwarded by the Director of Medical Education on 26.02.2026.

The petitioner therefore challenged the omission and sought consideration for promotion to Assistant Professor in Orthopaedics.

The State acknowledged his service particulars and eligibility criteria but stated that the proposal remained pending before the Government.

Whether the petitioner, having served as a Basic Teacher-cum-Registrar/Senior Resident in Orthopaedics since 02.05.2006 and possessing the requisite experience and qualifications, was eligible to be considered for promotion to Assistant Professor under the applicable service rules and NMC regulations.

Whether the respondents’ failure to include the petitioner’s name in the list forwarded for promotion and their failure to decide his representation dated 16.07.2025 were legally sustainable.

Whether the respondents were required to consider the petitioner’s case for promotion within a prescribed period.

The Court applied the Tripura Medical Education (Administrative & Faculty) Service Conditions Rules, 2015, Schedule II, under which promotion to Assistant Professor is to be made from the post of Basic Teacher (Tutor/Registrar) having three years’ experience in the grade and the qualifications prescribed by the medical regulatory authority, as amended from time to time.

It also relied on the National Medical Commission’s notification dated 30.06.2025, Table E, which prescribed the experience requirements for Assistant Professor and recognised, inter alia, diploma holders appointed as Senior Residents before 08.06.2017 with four years’ experience, as well as diploma holders working as Specialists or Medical Officers with six years’ cumulative experience.

The Court treated the two categories in clauses (d) and (e) as separate eligibility routes and held that the departmental authorities were required to consider them while determining the petitioner’s eligibility.

The Court found that the petitioner had continuously worked in the relevant Orthopaedics department as a Basic Teacher-cum-Registrar/Senior Resident from 02.05.2006 and that his service and seniority were admitted by the State.

The applicable Rules made promotion dependent on the qualifications and experience prescribed from time to time by the medical regulatory authority.

The NMC notification dated 30.06.2025 expressly recognised the relevant experience categories, including the categories applicable to persons appointed before 08.06.2017 and those possessing the requisite cumulative service.

The Court observed that the department had apparently failed to properly consider clauses (d) and (e), which constituted two distinct eligibility conditions.

Since the State could not identify any adverse material disqualifying the petitioner and had admittedly not taken a final decision on his representation, the Court concluded that he was entitled at least to consideration for promotion.

The Court held that the petitioner was eligible to be considered for promotion from Basic Teacher to Assistant Professor in the Department of Orthopaedics at AGMC & GBP Hospital.

The respondent authorities were directed to consider and decide his promotion within three months from the date of the judgment and order.

The writ petition and any pending applications were accordingly disposed of.