RAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications have been heard together and are being disposed of by this common judgment as the points involved in these applications are, more or less, common.

(2.) The Petitioners in C.W.J.C. No. 261 of 1992 (hereinafter referred to as 'the first case') initially challenged the allotment of points to Respondent No. 4, Dr. Sheela Sinha and consequently her placement in the panel for appointment of Assistant Professor, Paediatrics/Neonatology prepared in the year 1990 wherein she has been placed above the Petitioners. Later, the Petitioners filed an application at flag 'X' seeking amendment in the relief portion of the writ application and thereby praying for quashing of the Notification No. 444 (17) dated 2.9.1992 issued by the Additional Commissioner-Cum-Special Secretary to the Government, in the Department of Health appointing Respondent No. 4 as Assistant Professor, Neonatology (Paediatrics) in Patna Medical College, Patna as also for addition of the said Additional Commissioner-Cum-Special Secretary as party Respondent No. 5 to the main writ application. In the said petition the Petitioners also sought for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction quashing notification No. 501(17) dated 31.8.1989 issued by Respondent No. 2, a photo copy whereof has been annexed as Annexure A/1 to the counter affidavit filed on behalf of Respondent No. 4 whereby and whereunder the teaching experience of Respondent No. 4 for having worked as Resident, Paediatrics in the Nalanda Medical College Hospital, Pattia during the period 20.8.1976 to 13.10.1977 was recognised.

(3.) The facts of this case lie in a very narrow compass. In May, 1990 an advertisement was issued by the Joint Secretary to the State Government in the Health Department inviting applications for different teaching posts in the Medical Colleges of the State of Bihar, including the post of Assistant Professor, Neonatology. A photo copy of the said advertisement has been annexed as Annexure 1. In response to the said advertisement the Petitioners as well as Respondent No. 4 along with several other candidates filed applications for appointment on different teaching posts in different Medical Colleges of the State of Bihar. According to the said advertisement, merit of the candidates was to be determined on the basis of the points allotted in different heads.