Dr. Arunabh Mukharjee v. State of Chhattisgarh

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Common judgment of the High Court of Chhattisgarh, Bilaspur (Division Bench: Ramesh Sinha, Chief Justice and Ravindra Kumar Agrawal, Judge) dated 12.09.2025 disposing of six connected writ petitions — WPS Nos. 93, 436, 7799, 114, 232 and 1342 of 2022 (leading case WPS No. 93/2022) — filed by serving Associate Professors/Assistant Professors of government medical, dental, nursing and physiotherapy colleges in Chhattisgarh. They challenged the notification dated 10.12.2021 (No. F-371/2021/55) issued by the Deputy Secretary, Medical Education Department granting a one-time relaxation to fill vacant Professor posts by direct recruitment through CGPSC, despite Rule 6 read with Schedule II of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 providing 100% promotion. Held: Rule 22 relaxation power cannot override substantive recruitment rules; a one-time relaxation notification cannot substitute for rule amendment under proviso to Article 309; direct recruitment infringed the petitioners' Article 16 right to consideration for promotion; notification ultra vires and quashed; Professor posts to be filled by promotion from eligible Associate Professors. Precedents relied on: Union of India v. Hemraj Singh Chauhan (2010) 4 SCC 290; R.N. Nanjundappa v. T. Thimmiah (1972) 1 SCC 409; Union of India v. Mahendra Singh (CA 4807/2022); Noor Mohammed v. Khurram Pasha (SLP (Crl.) 2872/2022). Keywords: one-time relaxation; direct recruitment vs promotion; Article 309 proviso; Rule 22; Schedule II; medical education recruitment; NMC recognition.