UMAKANT SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals by special leave have been filed by Dr. Saran from the order of the Patna High Court dated 3-1-1967 dismissing two Writ Petitions filed by him, being C. W. J. C. 984 and 1235 of 1965. The petitions deal with the same subject matter. The first one was filed by Dr. Saran and others but the other petitioners withdrew and thereupon Dr. Saran filed the second Writ Petition in order to avoid a possible technical defect. The two petitions were heard together and disposed of by a common judgment by the High Court Dr. Saran complained that respondent No. 5 Dr. Mahendra Pratap Sinha and respondent No. 6 Hari Narain Verma, who were both junior to him in service and also without teaching qualifications had been illegally appointed lecturers in Surgery at Rajendra Medical College, Ranchi in disregard of his own claim to the post. He, therefore, prayed for the issue of a mandamus for setting aside these appointments.

(2.) Dr. Saran had been appointed a Civil Assistant Surgeon in Bihar State Medical Service in 1954. He was confirmed in that post in 1957 and was appointed a Tutor in Surgery at Rajendra Medical College, Ranchi on 17-7-1962. He held that post till he filed the petitions.

(3.) Respondent No. 5 was appointed as a Civil Assistant Surgeon in the Bihar State Medical Service in 1956 and was confirmed in that post in 1961. He worked as a Casualty Officer in the Darbhanga Medical College Hospital from 23-9-1959 to 5-8-1963 and thereafter on 23-9-1963 he joined the Patna Medical College Hospital as the Assistant Surgical Officer which post he held till he was appointed lecturer in Surgery at Rajendra Medical College, Ranchi on 19-8-1965.