LAWS(PAT)-1988-4-41

SAJJAN KUMAR DIDWANIA Vs. STATE OF BIHAR

Decided On April 21, 1988
SAJJAN KUMAR DIDWANIA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner and Respondent no. 4 are breaking their hearts over the apple of their eyes, the Associate Professorship of Cardiology. The enchantress is Cardiology. These two have stormed the sacred portals of this building in order to achieve their hearts desire instead of devoting their time to paticify stethoscope, E.C.G. machines, Monitors and the like. A time may come when all doctors, engineers and techers will become qualified lawyers capable of holding their own against tne most eminent members of the legal faculty while the learned counsels of this august institution will become experts in medicine, engineering and education. May this never happen but it seems the time is not far off because of administrative improprieties committed at various levels.

(2.) The petitioner has invoked ADALAT as a panacea for the treatment of the infraction to his career thus necessitating beta blockers to clear the arterloscierosis of the artaries that supply blood to the heart of the Health Department. The post which is cynosure of the eyes and for which each of them are vying is Associate Professor, Cardiology. In the Patna Medical College Hospital (PMCH). This post is said to have been created by upgrading the post of Assistant Professor of Medicine (Cardiology) which is said to have been held by the petitioner, by the use of the word Cardiology with medicine to promote falsely the prospect of Respondent No. 4 because admittedly Repondent No. 4 was at no time holding the post of Associate Professor of Cardiology and in fact no such post was ever in existence nor was it ever created.

(3.) The petitioner had originally assailed Annexure 3 which purports to be the decision of the Departmental Promotion Committee by which Respondent No. 4's promotion to the post of Associate Professor Cardiology, was recommended. It appeans that the promotion then was approved by the cabinet of ministers for only six months and a fresh Departmental-cum-Promotion Committee was constituted resulting in Annexure B to the counter affidavit filed on behalf of the Respondent-State which now becomes the real Annexure to be assailed and sought to be quashed by the petitioner. Here, it will be interesting to set out the personnel of the two conmmittees : Committee dated 21-2-1987 1. Sri G. K. Prasad, Joint Director. 2. Sri S. P. Sinha, Director. 3. Sri N. Prasad, Joint Secretary, and. 4. Sri N. K. Singh, Secretary. Committee dated 10-7-1987 1. S. K. Sen, Member, Bihar Public Service Commission. 2. Sri Pancham Lal, Director, Revenue Administration, Irrigation Department, Bihar. 3. Sri Nanhe Prasad, Joint Secretary, Health Education. 4. Sri Gopal Krishna Prasad, Joint Director, Health Education.