N K SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) COMMON grievance of petitioners in all these writ application relate to inter changeability from super speciality to parent speciality department. Petitioners are mainly aggrieved by the action of the respondents/ Department of Health and Medical Education the State of Bihar of giving ad-hoc/working arrangement promotion to doctors appointed against sanctioned post of super speciality to the posts of parent speciality namely general surgery and general medicine. Besides that the petitioners have also challenged their inter-se seniority with private respondents in their writ applications and their specific prayer is to quash such notifications by which such respondents have been promoted on ad-hoc/working professor, Professor in parent speciality, although working in super speciality department. Question of law set out in these writ petitions demonstrate that the nature of writ petitions are not confined to the adjundication of issues for dispute in between the petitioners and the private respondents inter-Se only but also involve common interest of doctors in the teaching stream as a whole, particularly those who are continuing in super speciality unit as part of the cadre of the parent department petitioners have raised wider issues of wide implication involving interest of doctors in teaching cadre as a whole, as such all these writ applications are being taken together and disposed of by a common order.

(2.) PRIOR to 1997 there used to be only one cadre of doctors either working in general hospitals or working against teaching posts of medical colleges, known as State Health Cadre. Before separation of cadre appointment on teaching posts in Medical Colleges of State were made through executive instructions. Entry in medical colleges on teaching posts were through appointments against the posts of Resident/Registrar/ tutor. In this context the direction of this Hon'ble court in Dr. Rita Sinha's case (1990(2) P.L.J.R. 243) was strictly being followed. Inspite of the direction of the High Court and the guidelines to the government to advertise the vacancies on annual basis advertisement for the junior teaching post were not published annually. This gave reason for intervention of the High Court directing the Government of Bihar to Page 0417 frame rule for appointment/promotion and deciding seniority of doctors working on teaching posts. In exercise of power under proviso to Article 309 of the Constitution of India in the year 1997 Bihar Medical Education (Service Cadre and recruitment of its cadre post) rule 1997 was framed (hereinafter referred as 1997 rules).

(3.) THE arbitrary and erroneous exercise of power in the garb of Rule 8 and 10 is the subject matter of dispute in present writ applications.