AJIT KUMAR Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Leave granted in both the cases.

(2.) The State of Uttar Pradesh, through the Principal Secretary, Department of Medical Education and the Director, Medical Education and Training U.P., have filed these appeals challenging the judgments rendered by the Allahabad High Court, in Civil Miscellaneous Writ Petition Nos. 14686/88 and in Civil Miscellaneous Writ Petition No. 15989/87. Both the writ petitions were filed by Dr. K.U. Ansari respondent No. 1 herein, citing the appellants, Dr. S.S. Mishra, retired Director, Medical Education, U.P., the Principal, Motilal Nehru Medical College, Allahabad and Dr. A.K. Kapoor, Lecturer in Pharmacology, Motilal Nehru Medical College, Allahabad and some other officers of the Department of Pharmacology in the Medical Colleges at Meerut and Kanpur as respondents. In Writ Petition No. 14686/88 the prayer of the petitioner was for quashing the adverse character roll entries for the years 1979-80, 1980-81, 1984-85 and to direct the respondent to grant the Efficiency Bar to the petitioner from 1-7-82 instead of 1984. In W.P. No. 15989/87 the petitioner prayed for quashing of the selection made by the Departmental Promotion Committee on 7-7-1987 for the post of Reader in Pharmacology and for quashing the appointment of respondents 5 and 6 in the writ petition.

(3.) In the writ petition No. 14686/88 the High Court allowed the writ petition, quashed the order of the State Government dated 22-4-1988 permitting the petitioner to cross the Efficiency Bar with effect from 1984 and directed the respondents to permit the petitioner to cross the Efficiency Bar with effect from 1-7-1982. In the later case the High Court referring to its decision in the aforementioned case held that the petitioner should have been considered for the post of Reader in Pharmacology in the Selection held on 7-7-1987 and issued a direction that the Departmental Promotion Committee shall consider the petitioner's claim for promotion as Reader with retrospective effect from 7-7-1987. The relevant portion of the order is quoted hereunder.