SURYA DEO NARAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari tor quashing the order dated 4.3.2003 (Annexure -13) whereby the prayer of the petitioner for his absorption as Lecturer in Maharani Rameshwari Bhartiya Chikitsa Sansthan, Darbhanga, has been rejected.

(2.) ACCORDING to the petitioner, he possesses the qualification of Prachinacharya (Ayurveda) from Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, hereinafter referred to as the University and was appointed as Demonstrator in Maharani Remeshwari Bhartiya Chikitsa Sansthan Darbhanga, hereinafter referred as the Institute. The State Government enacted the Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985, hereinafter referred to as the Act, for taking over the private medical colleges imparting education in the Indian System of Medicine. The Government of Bihar, in the department of Health, in exercise of the powers conferred under section 3 of the Act, took over the aforesaid Institute. Section 6 of the said Act, inter alia, provided for determination of the terms and conditions of the Teaching Staff and other employees of the Institute taken over. In the light of the aforesaid provision, the State Government, by notification dated 22nd of May, 1985, constituted a Screening Committee for the purpose of determining the terms and conditions of employment of teaching and other employees.

(3.) WHEN the aforesaid direction was not carried out, petitioner filed an application for initiating a proceeding for contempt which was registered as MJC No. 2090 of 1995 (Dr. Surya Deo Narain V/s. The State of Bihar & Ors.) The aforesaid contempt application was disposed of by order dated 1.5.1997 on the assurance by the contemner that the representation filed by the petitioner shall be disposed of as early as possible and not later than three months from the date of the said order. The respondents, as undertaken, passed the order dated 20.5.1997 and directed for absorption of the petitioner to the post of Laboratory Technician in the Institute.