RAHUL KUMAR Vs. STATE

JUDGEMENT

(1.) PETITIONER earlier filed CWJC No. 14410 of 2002 (Dr. Rahul Kumar V/s. The State of Bihar & Ors.) inter alia praying for issuance of a writ in the nature of mandamus commanding the respondents to allow him to join the post of the Resident Medical Officer, Nalanda Medical College and Hospital or in the alternative to post him as Resident Medical Officer at Anugrah Narayan Magadh Medical College and Hospital, Gaya. The facts pleaded by the petitioner seeking aforesaid relief were that while he was a member of Bihar Health Service, he was appointed as Resident Medical Officer in the department of Medicine at Nalanda Medical College and Hospital, Patna on 23.1.1996 and while serving as such appointed as Chief Medical Officer of Uranium Corporation of India. On account thereof, petitioner made application dated 9.5.1997 before the State Government seeking lien on the post which was allowed for one year by the State Government by letter dated 9.6.1997. The order granting licence indicated that period of lien would not be extended on any ground. Petitioner having obtained the lien joined the Uranium Corporation of India after being relieved from the post of Resident Medical Officer, Nalanda Medical College and Hospital. Later on the lien was extended for another year, by order dated 28.10.1998.

(2.) AFTER serving the Uranium Corporation of India, petitioner returned and submitted his joining before the Superintendent of Nalanda Medical College and Hospital and according to him when it was declined he submitted his joining on 12.10.1999 before the Commissioner and Secretary, Department of Health, inter alia, making a request to allow him to join the post of Resident Medical Officer at Nalanda Medical College Hospital, instead the petitioner was posted as Medical Officer, Pilgrim Hospital, Gaya. Aggrieved by the same petitioner brought the aforesaid action before the Court for posting as Resident Medical Officer at Nalanda Medical College Hospital, Patna or A.N.M. Medical College, Gaya. The respondents resisted the prayer of the petitioner, inter alia, contending that the petitioner did not exercise option to continue in the Medical Education Cadre as required under Bihar Medical Education Cadre Recruitment Rules, 1997, which came into force on 21.5.1997. Hence, his claim for posting on a teaching post is absolutely unjustified. The respondents further resisted the prayer of the petitioner on the ground that in view of the resolution of the State Government a doctor holding a tenure teaching post, going on study leave/deputation shall not be allowed to join his erstwhile teaching post and his tenure will automatically come to an end.on such leave or deputation. According to the answering respondent, petitioner having left the post of Resident Medical Officer in the midst of the tenure, he cannot be allowed to join the post. The plea putforth by the answering respondents found favour by this Court and by order dated 1.5.2003, the aforesaid writ application was dismissed in the following term:

(3.) IN the present application filed under Article 226 of the Constitution of India, prayer of the petitioner is to quash the aforesaid order (Annexure -8).