STATE OF BIHAR Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THE Judgment of the court was delivered by -

(2.) THESE two appeals arise out of the judgment and order passed by the High court of Patna, in Civil Writ Jurisdiction Case No. 12274 of 1992. Civil No. 11240 of 1995 is filed by the State of Bihar and Civil No. 11241 of 1995 is filed by Dr Choudhary, who was Respondent 3 in the writ petition. The writ petition was filed by Dr Ramesh Chandra, respondent 1 in these appeals and hereafter referred to as "the respondent".

(3.) MEANWHILE, the post of Professor of Neurosurgery had fallen vacant on 1/5/1990. Dr Sinha had also retired by that time. At that stage, the respondent again filed a petition in the Patna High court for a writ of mandamus directing the State of Bihar not to appoint Dr Choudhary as Professor or allow him to assume the office of the Head of Neurosurgery Department. The respondent also filed one more petition (CWJC No. 5965 of 1991 for getting quashed the recommendation of the Departmental Promotion Committee to appoint Dr Choudhary as Professor and Head of the Department and also for a writ of mandamus directing the government to appoint him as Professor and Head of the Neurosurgery Department in the Patna Medical College. The latter writ petition was disposed of on 6/12/19911 as premature.