RAMESH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the decision of the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Annexure-9, in the matter of determination of his seniority vis-a-vis respondent No. 3 and appointment/promotion to the posts of Associate Professor/Professor in the Department of Neuro Surgery, and the consequential notifications, Annexures 10 and 11. He also seeks a mandamus to treat his so called 'ad hoc' appointment to the post of Associate Professor as regular and to promote him to the post of Professor in the said Department. The dispute has a long chequered career. Shortly stated, the facts of the case are as follows.

(2.) The petitioner after doing his M.B.B.S. joined the then Prince of Wales Medical College, Patna, as Demonstrator in the Department of Anatomy. In 1965 he was granted study leave for two years. He did M.S. in General Surgery and thereafter M.Ch. in Neuro Surgery in 1967. After serving the Christian Medical College, Vellore for sometime, he went abroad. He returned to India in 1973. By that time the Prince of Wales Medical College, Patna, had been taken over by the State Government. As, perhaps, he was not continuing in the employment in the said College and his leave had expired long time back, his name was not include in the list of employees submitted to the Government at the time of take over. He jointed Kauri Holy Family Hospital, a private hospital, in March 1973. His services were terminated by the management of the said Hospital in December 1978. In the meantime, on January 18, 1974 he had submitted his joining in the Patna Medical College. The joining report was forwarded to the Government. On June 29, 1981, he was absorbed in the Bihar Health Service as a Tutor in the Department of Anatomy with effect from May 29, 1971 i.e. from the date of take over of the College. His name was later forward to the Medical Council of India for its opinion regarding his eligibility for appointment against teaching post in Neuro Surgery. On receipt of the concurrence from the Medical Council, on March 10, 1983, a post of Associate Professor in the Department of Neuro Surgery was created and on April 27, 1983 he was appointed to the post on ad hoc basis in anticipation of the concurrence of the Bihar Public Service Commission.

(3.) Dr. Narbadeshwar Prasad Sinha and Dr. R.P. Choudhury, respondent No. 3 herein, challenged the appointment of the petitioner both as Tutor in the Department of Antomy, with retrospective effect, and Associate Professor in the Department of Neuro Surgery by way of writ petition, C.W.J.C. No. 1815 of 1993 in this Court. By virtue of interim orders passed in the said writ petition the notification appointing the petitioner as Associate Professor, Neuro Surgery, was not acted upon. The writ petition was disposed of by two separate but concurring judgments on May 31, 1993. In view of the stand of the State that the said two writ petitioners had also been considered and found fit for promotion as Associate Professors on ad hoc basis during the pendency of the case, the writ petition was held to have become infructuous one of the Learned Judges observed in the order that it will be open to the State Government to issue the notification. The other learned Judge gave a positive direction for issue of appointment letters in favour of all the three i.e. including the petitioner and respondent No. 3 simultaneously. Accordingly, on June 3, 1983 Notification No. 683 (1) was issued cancelling the aforesaid notification dated April 27,1983 and appointing all the three contestants as Associate Professor on ad hoc basis. While the former was posted in Rajendra Medical College, Ranchi, the latter two were posted in Patna Medical College. The petitioner was shown at serial No. 3, It was, however, made clear that mentioning of names in the particular order would not affect their inter se seniority.