INDRASHEKHARTHAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for the following reliefs : "To issue an appropriate writ/order direction commanding the respondents to consider the application of the petitioner for appointment to the post of Assistant Professor/Registrar, General Surgery against 1992 panel in accordance with the criteria laid down and notified in the advertisement No. 1927 (Swasth)-105 published in the Patna daily edition of 'Hindustan Times' on 25-7-1992 and to command the respondents to allow the petitioner the benefit of adding 12 points for publication of Journal. 2 points for Ph.D , 2 additional points for teaching experience as envisaged in the criteria duly notified by the respondents.

(2.) In order to appreciate the points raised by the respective parties, it is necessary to state same relevant facts. The petitioner passed the M.B. B.S. examination in the year 1981 and secured 65-703 marks and distinction in Surgery, Pharmacolgy and Preventive Social Medicine After obtaining the M B B S. degree be was appointed as Assisant Civil Surgeon by the order dated 4-8-983. The petitioner thereafter applied for admission in M.S. General Surgery in any college out side the State of Bihar and after obtaining permsison having been granted by the State, the petitioner took admission in M S General Surgery in King George Medical, College, Lucknow. He worktd in Residency scheme in the said college with effect from 17-8-1985 to 29-10-1987 and as a Residency follow he rendered teaching works for more than two years. In token of having rendered the teaching work for the aforesaid period, a certificate was granted by the Head of the departmeat, General Surgery, King George Medical College, Lucknow, copy of which has been made Annexure-5 to this writ application After completing the post graduate courses and Residency in the aforesaid college at Lucknow, the petitioner joined the State Health Services which was accepted by the State- respondent vide Memo No. 237 (j) dated 183-1988 with effect from 30-10-1987, copy of which has been made Annexure-6 to this writ application. The petitioner worked from 17-6-1988 to 27-9-1988 as Civil Assistant Surgeon, Primary Health Centre in the district of Madhubani. The petitioner worked as Tutor in the department of pharmacoloy and also trainee Medical Officer in the department of Anesthesia, D M.C.H, Darbhanga. Purusant to the advertisement published in the year 1987, the petitioner was selected posted as Resident Surgical Officer, department of Surgery, P.M.C.H. on 19-5-90 and since then he is working in the said hospital, Before joining the post of Resident Surgical Officer, got himself registered for Ph D. in Surgery in L.N.Mithila University. He completed this course and submitted his thesis on 1-11-1991. His thesis was duly approved both by the External examiners as well as the Internal Examiners on 25-1-1992 and 31-1-1992 respectively and finally the petitioners was awarded a degree of Ph. D. on 104-1992. The receipt showing submission of thesis on 1-11-199l is made Annexure-7 this writ application. Seven research papers of the petitioner were published in Journals of the State and Indian Medical Journal, the details where of are as follows: - <FRM>JUDGEMENT_540_BLJ1_1995Html1.htm</FRM>

(3.) The State-respondent through advertisement invited applications for preparing a panel for appointment to the various teaching posts in the diferent Medical colleges of the State including Assistant Professor Registrar, General Surgery, a copy of the aforesaid advertisement is made Annexure-1 to this writ application. Pursuant to the said advertisement notice (Annexure-1) the petitioner applied for the post aforesaid claiming the following points in terms of Annexure-1 :- <FRM>JUDGEMENT_540_BLJ1_1995Html2.htm</FRM>