ASHOK KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY the prayer of the petitioner was for issuance of a writ in the nature of mandamus commanding the respondents, particularly, respondent nos. 2 to 4 to allow the petitioner to function as Incharge Principal of Ayurvedic Medical College Hospital, Gaya. By way of amendment, his prayer is to quash the order as contained in memo dated 7th of April, 2004 (Annexure -4) whereby respondent no. 7 has been appointed as Incharge Principal of Ayurvedic Medical College Hospital, Gaya, hereinafter referred to as the College.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that earlier, respondent no. 7 herein, Dr. Awadh Kishore Vishwakarma was appointed as Incharge Principal of the College. One Dr. Ashdeo Upadhyay aggrieved by the same, preferred C.W.J.C. No. 9382 of 1995 (Or. Ashdeo Upadhyaya vs. The State of Bihar and Ors.) before this Court. When the aforesaid writ application was taken -up by this Court on 22.1.1997, taking note of the submission of said Dr. Upadhyay that while making even ad hoc arrangement the authorities are required to go by seniority, by interim order dated 22.1.1997, said respondent no. 7, who was respondent no. 4 in the said writ application, was restrained from functioning as Incharge Principal of the College. During the pendency of the said writ application, said Dr. Upadhyay was appointed as the Incharge Principal. This court by order dated 7.5.1997 disposed of the writ application with a direction to prepare a final gradation list.

(3.) PETITIONER was aggrieved by appointment of respondent no. 5 as the Incharge Principal but during the pendency of this writ application, said Dr. Upadhayay had superannuated from service and by order dated 7th of April, 2004, respondent no. 7 has been made the Incharge Principal of the College.