BINOD PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner seeks quashing of the Notification No. 220(17) of the State Government in Health Medical Education and Family Welfare Department dated July 15, 1996 directing him to join the department for next posting, pursuant to the resolution of the State Government contained in the Department's memo No. 218(17) dated July 15, 1996 cancelling the postings of the junior teachers holding higher teaching posts. He also seeks quashing of the consequential order of the Principal, A.N. Medical College, Gaya dated July 31, 1996 and his relieving from the post of Tutor (PSM) from that College on August 14, 1996. The Petitioner further seeks quashing of the Notification No. 405(17) dated November 2, 1996 posting him as Tutor (PSM) in Jawaharlal Medical College, Bhagalpur. True Copies of the aforesaid notifications/orders are contained in Annexures 4, 5, 7 and 9 of the writ petition. He also seeks a direction to allow him to continue on the post of Tutor (PSM) in Magadh Medical College, Gaya. The relevant facts are as follows:

(2.) The Petitioner joined the Bihar Health Service as Civil Assistant Surgeon in 1980. In 1983 he applied for the post of Tutor in Preventive and Social Medicine (PSM). On November 13, 1986 after his appointment to the post of tutor, he was posted in A.N. Magadh Medical College, Gaya against a leave vacancy in the post of Assistant Professor in the concerned department. The notification mentioned that on return of the holder of the post the Petitioner would be adjusted against the vacancy in the post of tutor (PSM). The Petitioner joined the post/college in 1987. He continued as such until the issuance of the impugned notifications and orders. It may be stated here that in the meantime on January 4, 1988 Respondent No. 6 Dr. Tarun Kishore Jain was posted as Tutor (PSM) in A.N. Magadh Medical College, Gaya.

(3.) The grievance of the Petitioner is that on the vacancy in the post of tutor (PSM) in Magadh Medical College, Gaya he should have been adjusted against the post and not Respondent No. 6. It has been highlighted that the posting of the Petitioner against a higher post may not be correct but in the matter of posting, the person concerned has hardly any say. And if the State Government committed a mistake the Petitioner should not be made to suffer. During the course of hearing it was pointed out that one vacancy in the post of tutor in Patna Medical College & Hospital (PMCH) has occurred against which the Petitioner can be considered. It was stated that the Petitioner had applied for the National Board of Examination which was rejected on the ground that he does not possess certificate of training in PSM for 3 years in any Medical College where post graduate teaching is done. It was contended that if the Petitioner had been posted in Patna Medical College or Rajendra Medical College, Ranchi or Darbhanga Medical College (where Postgraduate teaching is done) he would have acquired the necessary qualification,