K.B.N. Singh, J. - (1.) In this writ application the petitioner has praved for quashing of paragraph 4 of Annexure Rs.1' Government order of bifurcation of the Department of Eye & E. N. T. (Eve and Ear. Nose and Throat) making provision for transferring a Lecturer from the Rajendra Medical College, Ranchi on reversion from deputation of Professor (Dr.) A. N. Sinha from the Indian Institution of Medical Science, New Delhi, to the Darbhanga Medical College, as also for quashing the appointment of Dr. V. S. Gupta (Respondent No. 4) as Lecturer in Eve in the Darbhanga Medical College in pursuance thereof. The petitioner has also prayed for issue of a writ of mandamus commanding the other Respondents to appoint the petitioner to the said post of Lecturer in the Department of Eye in the Darbhanga Medical College.
(2.) The petitioner was appointed as a member of the Bihar State Medical Service in the year 1957 and was confirmed as such in 1962. He holds a degree of Master of Surgery in Eye and has also obtained Diploma in Ophthalmology and D. L. O. and claims to have worked as a Civil Assistant Surgeon in the Department of Eye & E. N. T. of the Patna Medical College and several District Hospitals, and has had about years of teaching experience in Eve as Resident Surgical Officer (Eve & E. N. T.) from November, 1958 to February. 1963 and then as a Tutor in Eve in the Darbhansa Medical College since the 24th April, 1967.
(3.) The petitioner has averred that a post of Lecturer in Eye in the Darbhanga Medical College fell vacant during the first half of the year 1967 after the petitioner's joining as a Tutor in Eye in the said College, and was meant to be filled by the specialist in eye. Keeping that in view, the Deputy Director of Health Services. Bihar, by a letter dated the 28th November. 1968 (Annexure '2) addressed to Dr. A.N. Pande and Dr. Sharda Prasad Sinha both Tutors in the Department of Eye and E.N.T. of the Patna Medical College Hospital. Dr. G. N. Prasad Junior Surgeon (Eye) of the same Hospital, and the petitioner, sought their consent whether they were willing to be considered for being posted as Lecturer, in Eye in the Darbhanga Medical College, within ten days. The petitioner, by Annexure Rs.3' gave his consent, while the other three did not give their consent. The petitioners by his letters dated the 23rd July, 1969, the 6th September, 1969, and the 25th September, 1969, as also by his representation dated the 12th November, 1969 (Annexures Rs.4'. Rs.5'. Rs.6' and T respectively), requested the Director of Health Services and the State Government to consider the desirability of costing the petitioner as Lecturer in Eye. The petitioner received no reply to any of the above communications. Towards the end of 1969, he received a copy of Government order of bifurcation of the combined Department of Eye & E. N. T. of the Rajendra Medical College, Ranchi, and the Darbhanga Medical College. Laheriasarai (Annexure Rs.1'). According to this scheme of bifurcation, (as contained in paragraph 3). the petitioner continued to be a Tutor in Eye of the Darbhansa Medical College, while Respondent No. 1 continued to be a Lecturer in E.N.T. of the Rajendra Medical College, and was shown at Serial No. 5 in paragraph 3 of the said Annexure Rs.1'. The petitioner's main grievance is that the appointment of the Lecturer in Eve in the Darbhanga Medical College was mala fide delayed by the authorities for three years and this provision contained in paragraph 4 of Annexure '1' for transferring Lecturer from Rajendra Medical College to Darbhanga Medical College was inserted in the said scheme of bifurcation to favour Respondent No. 4 and by pass the superior claim of the petitioner to be appointed as Lecturer in Eye, based on longer teaching experience.;