NITESHWAR PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Since there was some urgency in the matter, the , matter was heard at some length at the admission stage itself and is being disposed of by this judgment. This writ petition has been filed for quashing the notification No. 236 dated 16.7.1997, as contained in Annexure -1 to the writ petition, issued under the signature of respondent No. 3, the Deputy Secretary to the Government, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. Under the said notification dated 16.7.1997 'tie appointment of respondent No. 4 Dr. Shekhar Choudhary to Nalanda Medical College Hospital, Patna in the Eye Department as an Assistant Professor from 1993 panel has been ordered.

(2.) The main ground of challenge to the said appointment by the petitioner is based on the interpretation of the advertisement notice. Learned Counsel for the petitioner submits that the appointment of respondent No. 4 could not have been made possible but for relaxation of his teaching experience by 23 days.

(3.) According to the petitioner the cut off date for counting teaching experience is 31st January, 1993 and on that date respondent No. 4 had not completed three years teaching experience. Learned Counsel further states that this requirement of three years teaching experience is an essential qualification fixed by the Medical Council of India and the said qualification cannot be relaxed in favour of respondent No. 4. In support of the said submission learned Counsel for the petitioner has relied on Annexure -3 which purports to be the recommendation of the Medical Council of India on the Teachers and Visiting physicians/Surgeons etc. in Medical Colleges and attached Hospitals for undergraduate and post -graduate teaching. Learned Counsel for the petitioner has drawn the attention of this Court to a chart showing the required academic qualification for the post of Reader/Assistant Professor on the subject Ophthalmology required by the Medical Council of India. There are two categories. The first category is about the educational qualification and second category is about the teaching experience and in the said teaching experience it has been stated that at least three years teaching experience in Ophthalmology or allied subjects in a teaching institution is required. Learned Counsel for the petitioner submits that in the advertisement notice there are provisions of relaxation in Clause 9. In the said provision it has been made very clear that there cannot be any change of relaxation in the essential qualification provided by the Medical Council of India authorities.