VIKASH KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Anil Kumar Sinha, learned Counsel appearing on behalf of the petitioner, Mr. K.N. Prasad, learned Counsel appearing for respondent No. 6, and the learned Government Pleader No. II for respondents Nos. 1 to 5.

(2.) THIS writ application has been filed by the petitioner for quashing the order dated 2.11.1996, as contained in Annexure -6, by which promotion of the petitioner to the post of Assistant Professor, Paediatric Surgery, Rajendra Medical College & Hospital, Ranchi (hereinafter referred to as RMCH, Ranchi), has been cancelled and respondent No. 6 Dr. Jawahar Prasad Gupta has been posted in place of the petitioner, and also for quashing the order dated 4.11.96, as contained in Annexure 6/A, by which Notification No. 476 (17)/H, dated 25.6.1986, as contained in Annexure -2, has been cancelled, by which the petitioner was appointed on the post of Assistant Professor in Paediatric Surgery, RMCH, Ranchi.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that an advertisement was issued by the State Government pursuant to the Notification No. 640/3 dated 24.5.1983, as contained in Annexure -1, inviting applications for filling up the teaching posts in various Medical Colleges, Pursuant to the advertisement, the petitioner, who was having requisite qualifications, applied for the post of Assistant Professor, Paediatric Surgery and after due interview the petitioner, alongwith other eligible candidates, was selected and a panel was prepared in 1983, where the name of the petitioner was placed at Sl. No. 1. and, accordingly the petitioner thereafter was appointed on the post of Assistant Professor in Paediatric Surgery, vide notification dated 25.6.1986, as contained in Annexure -2, out of 1983 Panel and he was posted in R.M.C.H., Ranchi, where he worked continuously on the post as such, whereas respondent No. 6, who was also an applicant for appointment on the post of Assistant Professor, Paediatric Surgery from 1983 Panel could not be appointed. However, respondent No. 6 was appointed as Assistant Professor against unsanctioned post on 1.9.1992, out of 1990 Panel and was posted as the Associate Professor, since there was no vacancy for the post of Assistant Professor. However, the posting of respondent No. 6 was subsequently cancelled as he was holding a higher post irrespective of his qualification.