VIJYA LAXMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the notification dated 8th July, 1990, as contained in Annexure -6 to the writ petition, whereby Dr. (Mrs.) Shanti Singh (Respondent No. 3) has been declared as Assistant Professor, Obstetrics and Gynaecology and has been transferred to Patna Medical College & Hospital. There is a further prayer for a declaration that Respondent No. 3 cannot be considered for promotion to the post of Associate Professor, inter alia, on the ground that the promotion of Respondent No. 3 to the post of Assistant Professor is not valid.

(2.) THE facts of the case, shortly put, are that the Petitioners applied for their appointment to the post of Assistant Professor pursuant to an advertisement and they were appointed in view of their qualification and experience to the post of Assistant Professor in various Medical Colleges with effect from 24th June, 1983. It has been stated that Respondent No. 3 is a member of Bihar Health Service cadre and in the year 1977 she. was posted as Civil Assistant Surgeon in Rajendra Nagar Hospital.

(3.) IN fact the said Nalanda Medical College (hereinafter called the said College) was taken over vide notification dated 22 -1 -1979 under the said Act and the said take over was with effect from the date of the said notification dated 22.1.1979.