ANJANA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition for quashing the memo No. 72 (17)/SW dated 16.3.1998 (Annexure -5), whereby respondent no.5 has been posted as Resident in the Department of Gynaecology and Obstetrics in the Patna Medical College and Hospital, Patna. The petitioner has prayed that after quashing the aforesaid memo, the petitioner should be posted against the said post.

(2.) A few facts, not in dispute, may be noticed : In the Year, 1992 an advertisement was issued inviting applications from eligible candidates for their selection and appointment as Resident in various medical colleges of Bihar. The post of Resident was a tenure post of three years duration. The petitioner as well as respondent no.5 applied pursuant to the said advertisement, and a panel was prepared some time in the year, 1994. The petitioner was placed at Serial No.14 of the panel while respondent no.5 was placed at Serial No.18. One Abha Rani Sinha was placed at the top of the panel. The State took time and ultimately it was in the year, 1996 that the selected candidates were appointed as Resident in the different medical colleges of Bihar.

(3.) IT appears that Abha Rani Sinha, who was posted in the Patna Medical College and Hospital, was transferred to S.K.M.Medical College, Muzaffarpur on her own request. Consequent upon her transfer, the post of resident in the Patna Medical College and Hospital fell vacant. Against the said post respondent no.5 has been posted by issuance of the impugned notification Annexure -5 dated 16.3.1998. Before issuance of Annexure -5 respondent no.5 had been posted at Gardanigabh Hospital at Patna (a non teaching hospital) by notification Annexure -3 dated 31.12.1997.