AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ-petition has been filed for quashing the notification No. 17/A-2-95/95-11 (17)/Health dated 19th January, 1996,whereby and whereunder, Dr. Kumar Deo Pujan (respondent No. 5) was appointed to the post of Resident Surgical Officer, Plastic Surgery Department, Patna Medical College Hospital, Patna. A prayer has also been made to command the respondents to appoint the petitioner against such a post since he had duly qualified after getting sufficiently higher points than respondent No. 5.

(2.) The facts of this case are not much in dispute. The Department of Health, Medical Education and Family Welfare, with a view to make various appointments against teaching and nonteaching posts in different Medical Colleges of this State, vide advertisement dated 25th July, 1992 invited applications from the qualified candidates. The petitioner and respondent No. 5 along with several other applied for the post of Resident Surgical Officer. The respondent authorities after having examined relevant certificates as well as other materials published a panel of 29 candidates for appointment to the post of Resident Surgical Officer, Plastic Surgery Department. The petitioner was awarded 10 (ten) points whereas respondent No. 5 got-4 (minu) fours points. Accordingly, the petitioner got 17th position in the panel whereas respondent No. 5 was placed at the bottom of the panel, i.e. 29th position.

(3.) It appears from the advertisement that the candidates who were included in the panel are entitled for appointment against the vacancies, which fell vacant in between 9th January, 1993 to December, 1993. It was also clarified that such medical Officer, who were found unsuccessful for more than three occasions at the M.B.B.S. examination would not be entitled to make application. Condition No. 5 (Ch) of the advertisement shows that for appointment to the post of Resident Surgical Officer. A candidate must get minimum 04 points. But in absence of any suitable candidate, the State Government will have a right to grant relaxation. Condition No. 9 of the Advertisement of course shows that while considering the claim of the candidates, belonging to Scheduled Castes and Scheduled Tribes, appropriate relaxation can be granted to any of the conditions of the advertisement. Condition No. 15 further indicates that evaluation etc. with regard to academic qualifications can be considered with respect to the achievements, gained by candidate up to 30th January, 1992. In other words, if any candidate gets additional educational and professional qualification etc. after the said cut-off date, he would not be entitled to get any additional benefit.