SHUSHMA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals under Clause 10 of the Letters Patent have been preferred against the common judgment dated 2.4.2002 passed by a learned Single Judge of this Court in CWJC No. 13816 of 2001; Dr. (Mrs) Sheela Sharma v. The State of Bihar and Ors. and as such, they were heard together and are being disposed of by this common judgment.

(2.) TO put the record straight, LPA No. 171 of 2003 has been filed by the State of Bihar and is barred by limitation. However, an application for condonation of delay is filed and by order dated 5.3.2003, the limitation petition was directed to be considered at the time of admission. In the limitation petition, the State of Bihar has stated the reasons which caused delay in filing the appeal, which grounds, according to the contesting respondents, are not sufficient to condone the delay. Validity pf the order has necessarily to be gone into in the other letters patent appeal and, as such, we are not inclined to dismiss the letters patent appeal preferred by the State on the ground of limitation. We are further of the opinion that the grounds indicated in the limitation petition are sufficient ground for condoning the delay and hence delay in filing the appeal (LPA 171 of 2003) is condoned.

(3.) THE Medical Education and Family Welfare Department of the Government of Bihar sought approval of the Cabinet for appointment of Dr. Sheela Sharma and Dr. Shushama Pandey to the post of Professors in Obstetrics and Gynaeclogy. THE Cabinet, on 17.3.2001, granted approval to the appointment of aforesaid two persons as professors. However, the State Government did not notify their appointments and Dr. Sheela Sharma, being aggrieved by that, filed CWJC No. 7424 of 2001; Dr. (Mrs.) Sheela Sharma v. THE State of Bihar and Ors. before this Court. This Court by order dated 26.6.2001, disposed of the writ petition in the following words: 8. However, in view of the submission made by learned Government Pleader No. 1 that the necessary notification shall be issued within a month and also keeping in view of the fact that the panel has not yet lapsed by virtue of pending litigation as held by the Apex Court in the case of State of U.P. (supra) respondent No. 2, the Secretary, Department of Medical Education and Family Welfare and indigenous Medicine, Government of Bihar, Patna, is directed to issue necessary notification promoting and appointing the petitioner on the post of Professor in the Department of Obstetrics and Gynecology, pursuant to the recommendation of the Commission and approval of the Cabinet as aforesaid within a period of fortnight from today.