LAKSHMAN LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court challenging order dated 4.12.2012 and for a further direction for appointment on the post of Associate Professor (Biochemistry) in Rajendra Institute of Medical Sciences (RIMS), Ranchi. Heard the learned counsel appearing for the parties and perused the documents on record.

(2.) The petitioner was appointed on 17.3.1988 and he joined the post of Tutor in the year, 1992 in Rajendra Institute of Medical College Hospital (RIMS), Ranchi and he was transferred to Patliputra Medical College, Dhanbad by order dated 12.8.1998. The petitioner was thereafter promoted to the post of Assistant Professor on 1.4.2004 and at the time when he preferred the present writ petition, he was posted as Associate Professor at Mahatma Gandhi Medical College, Jamshedpur. An advertisement was issued in the year, 2005 inviting applications for appointment on several posts in the newly created Rajendra Institute of Medical Sciences (RIMS), Ranchi and the petitioner also applied pursuant to the said advertisement for appointment on the post of Associate Professor (Biochemistry). The petitioner was finally selected for appointment on the post of Associate Professor (Biochemistry) in Rajendra Institute of Medical Sciences (RIMS), Ranchi however, before appointment letter was issued, the Governing Body of the Rajendra Institute of Medical Sciences (RIMS), Ranchi resolved in its meeting dated 9.6.2005 not to consider appointment of any serving officers in the other two medical colleges namely, Mahatma Gandhi Medical College, Jamshedpur and Patliputra Medical College, Dhanbad for appointment in the Rajendra Institute of Medical Sciences (RIMS), Ranchi. The said resolution was challenged by the petitioner by filing a writ petition being W.P. (S) No. 5684 of 2005. The petitioner preferred a contempt petition for non-compliance of the interim -order passed by the Court which was dismissed by order dated 3.7.2009. The petitioner, after the final order dated 21.4.2008 was passed, again preferred a contempt petition which was dismissed on 17.1.2012. On 7.6.2012, again an advertisement was issued for appointment on various posts including the post of Associate Professor (Biochemistry) and the said advertisement was challenged by the petitioner by filing a writ petition being W.P. (S) No. 3395 of 2012. The said writ petition was disposed of by order dated 5.11.2012, directing the respondents to decide the candidature of the petitioner in the light of the order passed on 21.4.2008 in W.P. (S) No. 5684 of 2005. The impugned order dated 4.12.2012 has been passed by the respondent-authority in the light of the order dated 5.11.2012 passed by this Court, rejecting the claim of the petitioner and therefore, the petitioner has approached this Court by filing the present writ petition.

(3.) A counter-affidavit has been filed in which it is stated:--