ASHIM KUMAR SAMANTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the Petitioner submitted that Respondent No. 5 is not possessing the requisite statutory qualifications and statutory experiences for the appointment on the post of Director, Rajendra Institute of Medical Sciences, Ranchi (hereinafter referred for the sake of brevity RIMS) and therefore, a writ of quo warranto may be issued against Respondent No. 5 and his appointment may be quashed and set aside by this Court.

(2.) Counsel for the Petitioner submitted that there is violation of Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 enacted by the Medical Council of India and also submitted that there is violation of the Rajendra Ayurvigyan Sansthan Adhiniyam, 2002 (RIMS Act) as well as Rajendra Ayurvigyan Sansthan Niyamavali, 2002 (RIMS Rules) in the appointment of Respondent No. 5. The appointment of Respondent No. 5 ought to have been in consonance with the aforesaid legal provisions.

(3.) I have heard counsel appearing on behalf of the State, who has vehemently submitted that in fact the Petitioner is not a Director, RIMS. Now, question left out is probable appointment of Respondent No. 5 and consideration of his candidature. It is further submitted by the counsel for the Respondents-State that Whomsoever will be considered for the post of Director, RIMS, will be considered, in accordance with law as well as in accordance with the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, Rajendra Ayurvigyan Sansthan Adhiniyam, 2002 as well as Rajendra Ayurvigyan Sansthan Niyamavali, 2002 and the State will also take all care, that those who are having requisite qualifications and requisite statutory experiences, shall be appointed as a Director, RIMS. No illegality will be committed by the State in selection process as well as in selection and appointment of any candidate for the post of Director, RIMS.