PROMOTION COMMITTEE FOR TEACHING FACULTY AND SENIOR RESIDENTS/TUTORS

Netaji Subhas Medical College and Hospital (NSMCH)
A unit of Sitwanto Devi Mahila Kalyan Sansthan

1. Preamble

1.1 Netaji Subhas Medical College and Hospital (hereinafter referred to as "NSMCH" or "the Institution"), a unit of Sitwanto Devi Mahila Kalyan Sansthan, hereby constitutes a Promotion Committee for Teaching Faculty and Senior Residents/Tutors (hereinafter referred to as "Promotion Committee" or "the Committee").

1.2 The Promotion Committee shall ensure a fair, transparent, objective, and merit-based process for promotion of teaching faculty and Senior Residents/Tutors in conformity with:

1. National Medical Commission (NMC) Act, 2019 and regulations made thereunder, including the Teachers Eligibility Qualifications in Medical Institutions Regulations and subsequent amendments.
2. Minimum Standards and faculty norms prescribed by NMC for medical colleges.
3. Employee Service Rules and Regulations of NSMCH, as amended from time to time.

1.3 This Constitution is to be read as part of the internal governance framework of NSMCH and, in the event of any inconsistency, the provisions of applicable laws and NMC regulations shall prevail over this Constitution, and the Employee Service Rules shall prevail over this Constitution to the extent of service-condition matters.

2. Objectives

2.1 To lay down a structured mechanism for consideration and recommendation of promotions of:

1. Teaching Faculty (Assistant Professor, Associate Professor, Professor and other NMC-recognized academic designations),
2. Senior Residents and Tutors/Demonstrators, where applicable.

2.2 To ensure that all promotions are strictly in conformity with NMC-prescribed qualifications, experience, academic achievements, research and publication norms, and other eligibility conditions.

2.3 To integrate the promotion process with performance appraisal, disciplinary record, leave and attendance record, and overall conduct as provided under the Employee Service Rules of NSMCH.

2.4 To provide a platform for redressal of limited grievances relating to process-related issues in promotions, without prejudice to the general grievance mechanism of the Institution.

3. Scope and Applicability

3.1 This Constitution shall apply to:

1. All teaching faculty in NSMCH appointed against NMC-recognized posts in pre-clinical, para-clinical and clinical departments.
2. Senior Residents and Tutors/Demonstrators appointed in NSMCH against sanctioned posts.

3.2 The Committee shall consider promotions only against available sanctioned posts and cadre strength, consistent with NMC norms on faculty pattern and the sanctioned faculty strength of the Institution.

3.3 Nothing in this Constitution shall confer a right to promotion merely on the basis of seniority; eligibility and suitability as per NMC norms and institutional policies shall be mandatory.

4. Legal and Regulatory Basis

4.1 The functioning of the Promotion Committee shall be guided by:

1. The National Medical Commission Act, 2019.
2. Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and subsequent amendments, including clarifications and draft TEQ Regulations relating to promotional criteria.
3. NMC norms on Senior Residency and minimum teaching experience for faculty posts.
4. Minimum Standard Requirements and other NMC notifications applicable to medical colleges.

4.2 The Committee shall keep itself updated with all subsequent changes in NMC regulations and shall recommend suitable modifications to this Constitution for approval by the Governing Body/Management, wherever necessary.

5. Composition of the Promotion Committee

5.1 The Promotion Committee for Teaching Faculty and Senior Residents/Tutors shall comprise:

1. Chairperson – Principal/Director of NSMCH.
2. Member (Management Representative) – One nominee of the Executive Committee/Governing Body of Sitwanto Devi Mahila Kalyan Sansthan.
3. Member (Academic Administration) – Dean/Academic Incharge of NSMCH, if separate from the Principal/Director.
4. Members (Senior Faculty) – Two Professors from NSMCH from different departments, preferably with prior experience as Head of Department or involvement in academic administration.
5. External Expert Member – One senior Professor (current or superannuated within NMC-permitted age) from another NMC-recognized medical college in the concerned broad specialty or allied specialty, nominated by the Principal/Director and approved by the Management.
6. Human Resources Representative – Head of HR or nominee, as Member-Secretary (non-voting), responsible for convening meetings, maintaining records, and ensuring compliance with Employee Service Rules.

5.2 For consideration of promotion in a specific department/specialty, the concerned Head of Department (HoD) shall be a co-opted member for that agenda item, unless he/she is the candidate under consideration; in such case, a senior Professor from the same or related department shall be co-opted instead.

5.3 The Committee may, with approval of the Chairperson, invite any subject expert, legal advisor, or administrative officer as a special invitee (without voting rights) whenever required.

5.4 The quorum for a meeting of the Promotion Committee shall be at least four members with mandatory presence of:

1. Chairperson (or his/her nominee),
2. Management Representative,
3. At least one Professor-level faculty member, and
4. HR Representative (Member-Secretary).

6. Tenure of the Committee

6.1 The Promotion Committee shall be constituted by an Office Order issued by the Principal/Director with approval of the Management, and shall ordinarily have a tenure of three years from the date of notification, unless reconstituted earlier.

6.2 Any vacancy arising due to transfer, resignation, retirement, or prolonged absence of a member shall be filled by a fresh nomination by the competent authority for the remaining tenure.

6.3 The membership of any member may be withdrawn by the Management for reasons such as conflict of interest, persistent absence, or conduct unbecoming of the position, after providing an opportunity of being heard.

7. Roles and Functions

7.1 The Promotion Committee shall:

1. Frame and periodically update promotion guidelines consistent with NMC regulations and Employee Service Rules.
2. Scrutinize eligibility of applicants for promotion in terms of qualifications, teaching experience, Senior Residency, research publications, CME/Conference participation, and other NMC-prescribed criteria.
3. Evaluate the performance of candidates based on annual appraisal reports, feedback from HoD, teaching and clinical performance, student feedback, discipline and conduct record, and institutional contributions.
4. Conduct personal interaction/assessment of candidates, where deemed necessary.
5. Make reasoned recommendations for promotion, deferment, or rejection, with recorded justification.
6. Recommend mentoring or performance improvement measures in borderline or deferred cases.

7.2 The Committee shall not exercise any disciplinary authority; however, it shall factor in the disciplinary record of the candidate, including any ongoing inquiry, punishment, or adverse remarks, as contained in the service records and as per Section 11 of the Employee Service Rules.

7.3 The final decision on promotion shall be taken by the Competent Authority/Management (Executive Committee/Governing Body) based on the recommendations of the Promotion Committee.

8. Eligibility Criteria for Promotion

8.1 General Principles

1. All promotions shall comply with NMC Teachers Eligibility Qualifications and any amendments/clarifications issued from time to time, including specific requirements for each teaching designation (qualification, minimum teaching experience in the feeder cadre, completion of basic courses in Medical Education Technology and Biomedical Research where applicable).
2. Only service rendered in NMC-recognized medical colleges/teaching institutions or as Senior Resident in recognized institutions/hospitals shall be counted towards eligibility as per NMC norms, including any notified relaxations.
3. The candidate must be in active service of NSMCH, not under suspension, and should not be facing any major disciplinary proceedings which, in the opinion of the Management, render him/her unsuitable for promotion at that stage.

8.2 Promotion of Senior Resident/Tutor

1. Appointment and continuation as Senior Resident or Tutor/Demonstrator shall conform to NMC norms on tenure, age limits, and qualifications.
2. Movement from Tutor/Senior Resident to Assistant Professor shall require:
   1. Acquisition of NMC-recognized postgraduate degree in the concerned specialty (MD/MS/DNB or equivalent as per NMC norms).
   2. Completion of requisite Senior Residency/Post-PG experience as prescribed by NMC (ordinarily at least one-year Senior Residency in the concerned specialty in a recognized medical college or as otherwise permitted through NMC relaxations).
   3. Satisfactory performance record and absence of major penalties.

8.3 Promotion to Associate Professor and Professor

1. Promotion from Assistant Professor to Associate Professor, and from Associate Professor to Professor, shall require:
   1. Possession of requisite NMC-recognized postgraduate qualification (MD/MS/DNB/DM/MCh/DrNB as applicable).
   2. Completion of minimum teaching experience in the feeder cadre as per NMC TEQ Regulations (number of years and type of institution as prescribed from time to time).
   3. Completion of Basic Course in Medical Education Technology and Basic Course in Biomedical Research (where mandated).
   4. Fulfilment of required number and quality of publications, research, or academic contributions, if specifically mandated by NMC or institutional policy, while keeping in view evolving NMC stance on publication requirements.
   5. Demonstrated competence in teaching, clinical work, and academic leadership, as reflected in annual appraisal and HoD feedback.
2. For Superspecialty disciplines, any additional criteria prescribed by NMC (including recognition of Senior Consultant experience in accredited institutions, where applicable) shall be followed.

8.4 Counting of Experience and Breaks in Service

1. Only continuous, full-time, and regular/tenure-based service as per NMC norms shall be counted. Part-time, honorary, or locum tenens assignments shall not ordinarily be counted unless permitted by specific NMC clarification.
2. Periods of suspension, leave without pay, or long unauthorized absence shall be excluded from counting of experience unless regularized as duty/leave by Competent Authority in accordance with the Employee Service Rules.

9. Procedure for Convening Promotions

9.1 Periodicity

1. The Promotion Committee shall ordinarily meet at least once in a calendar year, or more frequently if required, to consider eligible cases of promotion with reference dates duly notified in advance.
2. The HR Department shall prepare a tentative list of eligible candidates with cut-off dates for experience and circulate the same to all departments at least thirty days before the scheduled meeting.

9.2 Initiation of Cases

1. Promotion may be initiated:
   1. Suo motu by the Institution based on eligibility lists, or
   2. On written application by the concerned employee routed through the HoD.
2. Every proposal shall include:
   1. Service book and appointment letters.
   2. NMC-recognized qualification certificates and registration details.
   3. Experience certificates from previous institutions as per NMC norms, where applicable.
   4. Annual performance appraisals, attendance and leave summaries, and disciplinary status.
   5. List of publications, conferences, and CME activities with documentary proof, wherever relevant.

9.3 Scrutiny and Shortlisting

1. HR, in coordination with the Academic Section, shall conduct preliminary scrutiny of documents and prepare a dossier for each candidate.
2. The Committee may return any incomplete proposal for rectification and may fix timelines for submission of missing documents.

9.4 Meeting and Assessment

1. The Promotion Committee shall consider each eligible candidate and may assign weightage to:
   1. Essential NMC parameters (qualification, experience, residency).
   2. Teaching performance and feedback.
   3. Clinical competence and patient-care quality (for clinical departments).
   4. Research, publications, and academic contributions.
   5. Institutional contribution, administrative work, and participation in committees.
   6. Conduct, discipline, and adherence to institutional rules.
2. The Committee may, wherever appropriate, interact with the candidate to assess academic orientation, teaching skills, and departmental fit.

9.5 Recommendations and Approval

1. For each candidate, the Committee shall record one of the following recommendations:
   1. Recommended for promotion.
   2. Deferred with reasons and suggested remedial steps.
   3. Not recommended with reasons.
2. Recommendations shall be placed before the Competent Authority (Principal/Director and Management) for final decision and issuance of promotion, if approved, by a formal order.
3. The effective date of promotion shall be as decided by the Competent Authority, keeping in view NMC norms and institutional policy.

10. Alignment with Employee Service Rules

10.1 All promotions under this Constitution shall be subject to the terms and conditions of appointment, probation, confirmation, and termination contained in the Employee Service Rules of NSMCH.

10.2 Promotion shall not affect the right of the Institution to initiate or continue disciplinary proceedings, or to impose penalties, including reversion, in accordance with the Employee Service Rules.

10.3 Leave, attendance, and conduct records, as maintained under Sections 4, 5, 6, 7, 11 and related provisions of the Employee Service Rules, shall be relevant factors in assessing the suitability of an employee for promotion.

10.4 Superannuation age and retirement provisions shall remain as per NMC guidelines and institutional rules; completion of eligibility criteria does not confer any right to promotion if the remaining service is insufficient for meaningful occupancy of the higher post, subject to specific institutional policy.

11. Communication of Decisions and Representation

11.1 The decision of the Competent Authority on promotion shall be communicated in writing to the concerned employee through HR within a reasonable time, ordinarily not later than thirty days from the date of approval.

11.2 An employee who is aggrieved by the process-related aspects of the promotion decision may submit a representation to the Principal/Director within thirty days of communication of the decision, clearly specifying the grounds.

11.3 The Principal/Director may, if prima facie satisfied, place the matter before a Review Promotion Committee consisting of members other than those directly concerned with the original evaluation, to reconsider the case on limited grounds of procedural irregularity or manifest error.

11.4 This provision shall not be construed as an appellate jurisdiction on merits nor as a right to seek repeated reconsideration; the decision of the Review Promotion Committee, as accepted by the Management, shall be final within the Institution, without prejudice to any legal remedies available under law.

12. Confidentiality and Conflict of Interest

12.1 All deliberations, records, and documents of the Promotion Committee shall be treated as confidential and shall not be disclosed to unauthorized persons, consistent with the confidentiality obligations under the Employee Service Rules.

12.2 Any member of the Committee who is a near relative of, or has a demonstrable conflict of interest with, a candidate under consideration shall recuse himself/herself from participation in the deliberations on that case, and such recusal shall be recorded.

12.3 Members shall not solicit, entertain, or accept any undue influence, inducement, or pressure in relation to promotion matters; any such conduct may be treated as misconduct under the Employee Service Rules.

13. Record-Keeping and Reporting

13.1 The HR Department shall maintain a Promotion Register containing:

1. Date of Committee meetings.
2. Names and designations of members present.
3. Agenda items and list of cases considered.
4. Recommendations and decisions.
5. Reference to promotion orders issued.

13.2 Extracts of the Promotion Register and relevant documents shall be made available to regulatory bodies, accreditation agencies, or courts/authorities as and when required by law.

13.3 The Institution may, at its discretion, place an annual summary of promotions before the Governing Body/Executive Committee for information and policy review.

14. Power to Relax and Amend

14.1 In exceptional and justifiable cases, where strict application of a provision of this Constitution causes undue hardship and where such relaxation is not in conflict with NMC regulations or statutory law, the Management may, on the recommendation of the Principal/Director, relax such provision for reasons to be recorded in writing.

14.2 Any relaxation under clause 14.1 shall not be cited as precedent and shall be case-specific.

14.3 The Institution reserves the right to amend, modify, or repeal any provision of this Constitution at any time, subject to compliance with applicable NMC regulations and statutory requirements.

15. Saving and Jurisdiction

15.1 Matters not specifically covered by this Constitution shall be governed by:

1. NMC regulations and guidelines.
2. Employee Service Rules of NSMCH.
3. Applicable Central and State laws.

15.2 Any dispute relating to interpretation or implementation of this Constitution shall be referred to the Principal/Director, whose interpretation, subject to overriding statutory/NMC provisions and the authority of the Management, shall be final and binding within the Institution.

15.3 All disputes shall be subject to the jurisdiction of competent courts at Patna, Bihar, as provided in the Employee Service Rules.