HEM SHANKAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this writ petition relates to appointment of Assistant Professor (Medicine) and Assistant Professor (TB & Chest diseases). The petitioner seeks quashing of the order dated 16.7.97 by which the private respondents have been appointed on the aforesaid posts.

(2.) THE posts of Assistant Professor in different discipline in various Medical Colleges in the State including Murari Krishna Prasad Sinha Versus State Of Bihar General Medicine were adverstised on 19.3.95. The last date of submission of the application was 29.4.95. The petitioner applied for the post of Assistant Professor (Medicine). He was awarded thirty five and half points and placed at SI. No. 17 in the tentative panel. Later an additional point was awarded to him as a result whereof he was placed at SI. No. 10. On 17.12.96, one post each of Assistant Professor (TB and Chest diseases) was created in the Medical Colleges of the State. Out of 17 posts of Assistant Professor (Medicine) which were available between 1.1.95 and 31.12.95, 9 posts were thus earmarked for TB & Chest diseases. Accordingly the first eight candidates from the aforesaid panel were appointed to the post of Assistant Professor (Medicine), while those who had additional qualification of Diploma in Chest diseases were appointed on the post of Assistant Professor (TB and Chest diseases). As the petitioner was placed at SI. No. 10, he was not appointed as Assistant Professor (Medicine), and as he did not have the additional qualification of Diploma in Chest diseases, he was also not appointed as Assistant Professor (TB and Chest diseases). In this manner, persons placed below him in the panel were appointed against the latter post.

(3.) ON behalf of the respondents, it was submitted that it is not a fact that posts of Assistant Professor (TB & Chest diseases) were created on 17.12.96. The fact is that by the said order 9 posts of Assistant Professor (Medicine) were earmarked for appointment of Assistant Professor (TB & Chest diseases). This was done in order to comply with the directive of this Court and also the Medical Council of India. It was stated that if the Assistant Professors (TB & Chest diseases) were not appointed there was imminent risk of the Medical Colleges losing recognition by the Medical Council.