Dr. Kedar Nath vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties and considered the statements made in the writ application, counter affidavit and reply thereto. The petitioner is functioning as Tutor in Bio-Chemistry discipline in Nalanda Medical College and Hospital, Patna (hereinafter to be referred to as "NMCH") on contract basis.

It is submitted by learned counsel for the petitioner that the petitioner is at serial No. 1 of the panel of 1994, as two persons above him have already been appointed earlier and now he should be considered for regular post of Tutor as against the existing vacancies in the concerned discipline.

In supplementary counter affidavit filed on behalf of respondent Nos. 1 to 3, it is categorically stated that after cancellation of appointment of Dr. Y.K. Sahay, no appointment has been made to the post of Tutor, Bio-Chemistry out of 1994 panel.

It appears from the pleadings of the parties that now appointments are to be made as per 1997 Rules on the posts of Tutor, Assistant Professor, Associate Professor and Professor with prior concurrence of the Bihar Public Service Commission.

The petitioner, as it appears, is working on the post of Tutor on contract basis in Bio-Chemistry discipline in NMCH and, thus, it appears that he was eligible for that post, but somehow or the other he was not made a Tutor on regular basis.

The claim of the petitioner, in this view of the matter, appears to be genuine and now onwards to fill up the vacancies of Tutors in Bio-Chemistry his case should be considered in accordance with his seniority shown in 1994 panel.

Regard being had to the facts and circumstances of the case, the respondent authorities are directed to consider the case of the petitioner for his posting as Tutor on regular basis in accordance with law, if vacancy exists, keeping in view the position of the petitioner shown in 1994 panel in the discipline of Bio-Chemistry. With the direction/observation aforesaid, this application is disposed of.