STATE OF BIHAR Vs. SATYENDRA NARAYAN SINGH

JUDGEMENT

(1.) A writ petition was filed by Dr. Satyendra Narain Singh and Dr. Sudhansu Kumar jain. Another writ petition was filed by Dr. Praveen Ballabh. Both the writ petitions sought awarding of six marks for evaluation of the merit of the writ petitioners inasmuch as they obtained Diplomat National Board Qualification. When these writ petitions were being heard, an Intervener intervened and contended that the petitioners were not entitled to six points as was claimed by them. The State Government opposed the writ petitioners and contended that the petitioners were not entitled to six points and accordingly, they were not awarded such points. The writ petitions were heard analogously and by one single judgment, a learned Single Judge allowed both the writ petitions and directed the State Government to give six more points to each of the petitioners for evaluation of their merit and thereupon to place them in the select list in their appropriate position. Aggrieved thereby, the State Government has preferred two appeals and the intervener has preferred the other. Inasmuch as the issues are common and the same have been decided on the same rationale by a single judgment, we thought it convenient to decide the appeals at one go.

(2.) THERE appears to be no dispute that there is no statutory rule governing the recruitment procedure of Assistant Professors and Registrars in different Medical Colleges of the State. The State Government published an advertisement and thereby invited applications for filling up the posts of Assistant Professors and Registrars in the Medical Colleges of the State. The advertisement provided, inter alia, that for the post of Assistant Professors and Registrars, the applicant must possess MD, MS, FRCS (UK), MRCP (UK), MRCPG (UK) or a post graduate Qualification from American Board of Speciality or any other post graduate qualification which has been accepted by the Medical Council of India to be equivalant to the above mentioned Qualifications. The advertisement made it clear that post graduate qualifications obtained from UK after 11th November, 1978 will not be considered.

(3.) THERE is no dispute, as would be evidenced from records, that the Medical Council of India has accepted Diplomat National Board qualification as equivalent to MRCP as well as FRCS. Therefore, a candidate who has obtained Diplomat National Board qualification is entitled to be appointed as an Assistant Professor as well as a Registrar in terms of the said advertisement even if he is not a MD or MS or FRCS or MRCP or a post graduate from American Board of Speciality.