SURENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has filed this writ application for quashing the notification dated 15.12.2004 issued by the Deputy Secretary, Medical Education, Family Welfare, Department of Health, Government of Bihar, Patna whereby the Respondent-State has regularized the services of persons juniors to the Petitioner, who were working as Lecturers on the basis of being deputed on the said posts. The Petitioner challenges the order in view of the observations of this Court passed in CWJC No. 9095 of 1994, CWJC No. 9601 of 1997, CWJC No. 4895 of 1995, CWJC No. 1212 of 1999, CWJC No. 1289 of 2002 and CWJC No. 366 of 2005.

(2.) Before discussing the orders passed by this Court in different writ applications, it would be relevant to state the facts on the basis of which the Petitioner has claimed that he should, after quashing the order dated 15.12.2004, be regularized as a Lecturer with effect from 11.1.1995 and be promoted to the post of Reader in the Government Ayurvedic College, Patna. The Petitioner was appointed in the year 1992 on the post of Ayurvedic Medical Officer. Thereafter, the Petitioner was posted in the Government Ayurvedic College, Patna and joined on 11.1.1995 alongwith five other Medical Officers. The order dated 30.12.1994 deputing the Petitioner in the Government Ayurvedic College would indicate that the Petitioner was allowed to work as a Lecturer in order to complete the M.D. Course. It has also been specifically mentioned in the said order dated 30.12.1994 that the Petitioner would not be entitled for the benefit of the teaching experience during his tenure of posting in the Government Ayurvedic College. The reason for not including the period of teaching in the College aforesaid is that the Central Council Indian Medicine Act, 1970 clearly mentions that the minimum qualification for appointment on the post of Lecturer is post graduate degree in the subject concerned. The appointment on the post of Lecturer also envisages that the candidate should be recommended by the Bihar Public Service Commission for the purpose of appointment. In the meantime, the Respondent-State deputed vide notification dated 16.5.1997 several persons as lecturers in view of the fact that there was urgency to fill up the post due to shortage of Lecturers and the fact that Bihar Public Service Commission was not taking any action to recommend persons for the post of lecturers. Subsequently, by notification No. 338 dated 17.5.1997 and notification No. 414 dated 17.6.1997, the Respondent-State deputed Medical Officers against the vacant post of Lecturers in different departments in the Government Ayurvedic College (vide Annexures-7A and 7B) . The deputations of various persons were challenged vide CWJC No. 9601 of 1997 and CWJC No. 4895 of 1995.

(3.) The Petitioner completed his post graduate studies. He applied for the post of Lecturer against Advertisement Nos. 5 of 2001 and 10 of 2001. The Petitioner succeeded and was declared successful for the subject for Pharmocolgy (Advertisement No. 5 of 2001) and was als6 declared a successful candidate against the Advertisement No. 10 of 2001 it may, however, be noted that although the Petitioners had done his post graduate degree in Pharmocology, he was allowed to work as a Lecturer in Surgery, the post on which he was deputed in the year 1994. Therefore, the Petitioner is claiming that he should be regularized taking into account the period that he has worked as Lecturer i.e. from 11.1.1995 and thereafter he was promoted to the post of Reader.