NANDJEE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 2002 (1) JCR 182 (Jhr)] whereby the writ petition filed by the petitioner -appellant, Dr. Nandjee Singh challenging the notification of his transfer from teaching post of the Medical College to the Health Centre as a Medical Officer, has been dismissed.

(2.) 2002 (1) JCR 182) respectively and all these writ applications were disposed of by the impugned judgment. However, this appeal has been filed only by Dr. Nandjee Singh challenging the impugned judgment passed by the learned Single Judge.

(3.) THE case of the respondent -State is that the Bihar Medical Teaching Service Cadre and Appointment on Cadre Post Rules, 1997 very clearly prescribes that the post of Resident Doctors (RMO/RSO). Registrar, Assistant Professor, Associate Professor, Principal, Deputy Director (Medical Education) Joint Director -cum -Controller of Examination, Additional Director or Director (Medical Education) were brought in the Cadre of Bihar Medical Education Service since 1.4.1997 and, therefore, the post of Bio -Chemist cannot be said to be a teaching post. It is contended that as the petitioner was not brought in the cadre of Bihar Medical Education Service there was no need for the petitioner to give any option under the rule for his retention in the Bihar Medical Education Service Cadre. As the petitioner has not been brought in the cadre of Bihar Medical Education Service, he has no right to claim for his posting against a teaching cadre post of Bihar Medical Education Service.