CHANDRA MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned counsel for the State and learned counsel for the intervenor.

(2.) This appeal is directed against the judgement and order of learned Single Judge dated 21.7.2000 whereby prayer of the writ petitioner to declare rule 3 of 1997 rules as bad in law was rejected and the writ petition was dismissed with a direction to the respondents to fill up the posts of Assistant Professors (Neuro Surgery) in accordance with 1997 rules at an early date preferably within six months.

(3.) THE facts relating to the claim of the writ petitioner are not at all in dispute. The writ court has also noticed those relevant facts that the writ petitioner was appointed in the Bihar Health Service in April, 1978. He was subsequently appointed against tenure post of Resident Surgical Officer (R. S.O.) (General Surgery) on 23.8.1983 in Darbhanga Medical College & Hospital, Laherisarai where he continued till September, 1986. He was again appointed as R.S.O. (Neuro surgery) since 27.9.1986 in Patna Medical College & Hospital, Patna till 3.1.1991. Thereafter he was appointed against tenure post of Registrar (Neuro Surgery) and continued in Rajendra Medical College & Hospital on that post till 30.9.1986. He waited for posting for the period 1.10.1996 to 5.12.1997 and was thereafter posted as Administrative Medical Officer. Later, since 21.8.1998 he was deputed as Assistant Professor (Neuro Surgery) in Patna Medical College Hospital, Patna. The writ petition was filed in the year 1999 for a direction to the respondents to prepare and publish 1995 panel and to fill up the posts of Assistant Professors in the department of Neuro Surgery in different Medical College out of such panel. The appellant also prayed for consequential benefits.