DR. VINOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The petitioner, Dr. Vinod Kumar Singh, is working on the post of Associate Professor, Nephrology, Patna Medical College Hospital, Patna, under working arrangement since 14.05.1997. He has filed this application for a direction to the respondents to regularise his service on the post of Associate-Professor, Nephrology, and for his promotion to the post of Professor in the Department of Nephrology from the date the post fell vacant, i.e., with effect from 01.11.2003.

(3.) Petitioner's case is that he was appointed in the Bihar State Health Service on 21.03.1979. At that time there was no separate teaching cadre. All doctors either posted in the field hospital or in medical colleges were born in the common cadre. This practice continued until the State Government framed Rules, which became effective from 24th May, 1997. From this date a separate teaching cadre of doctors was created. Pursuant to an invitation for selection and appointment to the post of Resident Medical Officer (Nephrology) Department of Medicine in the State Medical Colleges, petitioner, having post graduate degree in medicine and experience, applied for the post. He was selected and posted as Resident Medical Officer, Nephrology in Patna Medical College Hospital on 17.07.1986 and continued till 23.07.1990. Petitioner was subsequently selected and posted to the post of Registrar (Nephrology), Patna Medical College Hospital, Patna. When the State Government invited applications for selection to the post of Assistant Professor, Nephrology, petitioner applied, selected and appointed as well as posted as Assistant Professor, Nephrology, Patna Medical College Hospital, by Notification, contained in Memo No. 512 (17), dated 04.12.1993. Petitioner joined the post of Assistant Professor, Nephrology, on 07.12.1993 and continued till 15.05.1997. Even though post of Associate Professor was vacant and petitioner fulfilled requisite qualification through Notification No. 149(17), dated 14.05.1997, he was appointed as Assistant Professor on ad hoc basis in his own pay scale of Assistant Professor. The Notification, whereby petitioner was promoted to the post of Associate Professor, Nephrology, on ad hoc basis mention that the posting is being done in view of the ultimatum of the Medical Council of India either to fill up vacancies or face derecognition of it?s degree.