KEDAR NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Except for the difference in the subjects of teaching these two writ petitions are exactly similar on all material points. These two cases were, therefore, heard together and are being disposed of by this common judgment.

(2.) There are two petitioners in CWJC No. 8668 of 2000 and the controversy in this case relates to appointment to the post of tutor in Bio -chemistry; in CWJC No. 8715 of 2000 there is a single petitioner and it arises from a dispute regarding appointment as tutor in Forensic Medicine and Toxicology. The petitioners in both the writ petitions seek to challenge Notification No. 493(17)/Heath issued by the Deputy Secretary to the Government in the Department of Health, Medical Education and Family Welfare on 25.8.2000. A copy of this notification is at Annexure -6 in CWJC No. 8668 of 2000 and at Annexure -1 in CWJC No. 8715 of 2000. By this notification the Government decided to put to end the system of placing medical officers on deputation and cancelled with immediate effect, all deputations in all medical colleges and hospitals(except in the I.G.I.C. and the I.G.I.M.S., Patna.

(3.) The impugned Government decision, on the face of it and generally speaking and is quite unexceptionable but in the case of the three petitioners it has led to adverse and even indiscriminatory consequences as would appear from the following facts and circumstances.