(1.) THE petitioner has challenged the gradation list circulated vide letter No. 1/Health -1 -41/ 2001, 42(1)/ Health dated 10th January, 2002, whereby and whereunder, the 4th respondent, Dr. Yogendra Nath has been shown senior to petitioner, Dr. Tulsi Mahto, as Associate Professor, Forensic Medicines.
(2.) THE claim of the petitioner for seniority over the 4th respondent is mainly dependent on the issue whether the appointment of the 4th respondent as Assistant Professor made on 19th April, 1988 was legal or not.
(3.) THE respondents have defended the appointment of the 4th respondent as Assistant Professor which was made in pursuance of an Advertisement dated 12th September, 1988.