RAJENDRA PRASAD DUBEY SON OF LATE BRAHMESHWAR DUBEY Vs. STATE OF BIHAR THROUGH THE SECRETARY, HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, INDIAN MEDICINE DEPARTMENT

JUDGEMENT

(1.)

(2.) C .W.J.C. No. 10445 of 2005 has been filed by the petitioner for quashing of notification dated 29.8.2003 (Annexure -1) issued from the Department of Health (Medical Education, Family Welfare and Indigenous Medicine), notifying that the services of the petitioner along with others were not found fit for absorption pursuant to the report of the Screening Committee, and therefore, their services are dispensed with from the date of issue of the notification. Case of the petitioner as per his pleadings is that he was appointed as temporary Professor by the Secretary of the Dhanwantari Ayurvedic College, Buxar by order dated 30.7.1973 vide Annexure -3. Petitioner joined the service and continued to perform his duties. By subsequent order dated 29.8.1973, as contained in Annexure -4, he was appointed as Principal Incharge by the Secretary. Further case of the petitioner is that while he was performing his duties in the College, his case was placed before the Expert Committee of the College which recommended for his appointment as Lecturer in the College, which was placed before the Managing Committee. The Managing Committee accepted the recommendation of the Expert Committee and resolved to appoint petitioner as Lecturer in the faculty of Diagnosis and Surgery. Accordingly, necessary orders were issued by the Secretary of the College, vide Annexure -5 dated 13.3.1978 appointing him as Lecturer of the college in the faculty of Diagnosis and Surgery subject to approval of the University. Subsequently, his case was placed before the Managing Committee for making his services permanent and as per resolution of the Managing Committee, orders were issued vide Annexure -6 dated 25.2.1981 making his services permanent as lecturer with effect from the date of his appointment i.e. 13.3.1978. By a subsequent order, pursuant to a decision of the Managing Committee dated 14.2.1982, petitioner was promoted as Reader in the Department vide Annexure - 7. dated 23.2.1982. On the basis of yet another decision of the Managing Committee, petitioner was made Head of Department -cum -Reader vide order contained in Annexure -8 dated 7.1.1983.

(3.) WHILE petitioner was working in the College, it was a privately managed College. The State Government came up with an Ordinance, namely, Bihar Private Medicine (Indigenous Medicine System) College taking Over Ordinance which was later on made an Act in 1985. This Act provided for taking over of the Private Indigenous Medicine Medical Colleges which were recognized and affiliated with the respective Universities. In exercise of powers under the said Act, the College in question, namely, Dhanwantari Ayurvedic College Hospital, Buxar was taken over by the Government with effect from 1.6.1986 vide notification contained in Memo No. 840 (Indigenous Medicines) dated 9.12.1986. As a consequence of the said take over, petitioner 'sservices stood taken over by the Government on ad hoc basis and he continued in the College as such.