SHIVENDRA KUMAR SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case relates to seniority between the petitioner and respondent nos. 6 and 7 in the Indira Gandhi Institute of Medical Sciences Sheikhpura, Patna (hereinafter referred to as

(2.) THE petitioner was appointed as Additional Professor (Micro Biology) in the IGIMS on 6.12.94. On 3.2.97 he was designated as Professor but in the same scale. On 7.6.2000 he was appointed as Professor pursuant to advertisement and selection. The said appointment as Professor was confirmed by the Board of Governors of the IGIMS on 11.9.2000 with effect from 7.6.2000 itself. It may be mentioned here that under Rule 7(Ga) of the Indira Gandhi Institute of Medical Sciences Rules, 1984 framed under the Indira Gandhi Institute of Medical Sciences Act, 1984 regular appointment on all posts in the Institute are made by direct recruitment on the basis of open advertisement.

(3.) THE case of the petitioner vis -a -vis respondent no. 7 Dr. Ajay Kumar Singh is as follows. Pursuant to advt. No. 12/EMP/95 he applied for the post of Professor/Additional Professor (Neurology). The interview was held on 11.9.95. The Selection Committee found him qualified for the post of Professor. On 31.10.95 he was appointed as Additional Professor (Neurology). On 10.2.97 however, he was appointed as Professor (Neurology) on the basis of same selection. According to the petitioner, on his appointment as Additional Professor on 31.10.95 the selection process and the recommendation of the Selection Committee got exhausted and respondent no. 7 could not be appointed again on the basis of same advertisement, application and selection. According to the petitioner, further, respondent no. 7 was appointed as Additional Professor (Neurology) without sanction of post.