V C KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions on behalf of 28 Petitioners in all have been filed for direction to the Respondents to include their names in the gradation list dated 15th July 1993 of the Medical Officers of the Bihar Health Service and for giving them the benefit of promotion to the Junior Selection Grade and Senior Selection Grade.

(2.) The Petitioners were appointed by the private management and working in different capacities in the private Medical Colleges prior to their take over under Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1976, later replaced by the Bihar Private Medical Colleges (Taking Over) Act, 1978 on 22nd January 1979.

(3.) A bare perusal of the notification dated 15th July 1993 shows that the gradation list has been prepared with respect to Medical Officers appointed upto the year 1978. According to the Petitioners, they having been appointed by the private management prior to 1978 they are entitled to their inclusion in the aforesaid List. In view of the provisions of Take Over Act the prayer, in our opinion, is wholly misconceived.