SANDEEP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the validity of Rules 5, 6 and Appendix-1 of Indira Gandhi Institute of Cardiology Medical Service (Amendment) Rules, 2023 introduced by way of notification contained in Memo No. 487(17) dtd. 13/5/2023 whereby the Indira Gandhi Institute of Cardiology Medical Service Rules of 2022 (hereinafter referred to as the "Rules of 2022"), relating to eligibility and manner of appointment of the Director of Indira Gandhi Institute of Cardiology (hereinafter referred to as "the IGIC") has been changed, which according to the petitioner is manifestly illegal and violative of Articles 14 and 16 of the Constitution of India as also repugnant to the Central Law on the subject.

(2.) Apart from this major challenge, the other reliefs prayed for are quashing and setting aside of Rule 17 of Rules of 2022 whereby it has been prescribed that the officers appointed prior to coming into force of the Rule would be entitled to be considered for promotion in terms of earlier notifications prior to coming into force of Indira Gandhi Institute of Cardiology Medical Service Rules, 2014 (hereinafter referred to as the "Rules of 2014") as this also is violative of Articles 14 and 16 of the Constitution of India because it creates a class within a class without any rational basis.

(3.) The further prayer of the petitioner is to set aside the appointment of respondent No. 10 as Director of IGIC on regular basis in exercise of the powers under the Amendment Rules, 2023.