Case brief
What is this about?
Common order of the High Court of Chhattisgarh at Bilaspur (Division Bench: Ramesh Sinha, Chief Justice, author; Ravindra Kumar Agrawal, Judge) dated 12.09.2025 disposing six writ petitions (WPS Nos. 93, 436, 7799, 114, 232 and 1342 of 2022; leading case WPS No. 93/2022) filed by Associate Professors and nursing college faculty of government medical/nursing colleges in Chhattisgarh. Challenged: Notification No.F-371/2021/55 dated 10.12.2021 (Annexure P-1) of the Deputy Secretary, Medical Education Department granting one-time relaxation for direct recruitment (through CGPSC) to vacant Professor posts. Held: Rule 6(1)(b) read with Schedule II of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 prescribes 100% promotion for Professor posts; Rule 22 relaxation cannot supersede this substantive mandate; direct recruitment by notification violates Article 16 right to consideration for promotion; amendments require rule-framing under proviso to Article 309. Relied on Union of India v. Hemraj Singh Chauhan (2010 (4) SCC 290) and R.N. Nanjundappa v. T. Thimmiah ((1972) 1 SCC 409). Outcome: writ petitions allowed; notification dated 10.12.2021 quashed; respondents directed to fill Professor posts by promotion from eligible Associate Professors; no costs.