S.J.MUKHOPADHAYA, J. - (1.) IN all these writ petitions, as common Notification of Transfer No, 318(2) dated 18th August, 2001 is under challenge, they were heard together and are being disposed of by this common order.
(2.) PETITIONERS , Dr. Nandjee Singh of W.P. (S) No. 3970 of 2001 and Dr. Satyarain Singh of W.P. (S) No. 4054 of 2001, while challenged the Notification of transfer on the ground that they have been transferred outside the Medical Teaching Cadre, petitioner Dr. Ram Sewak Sahu of W.P. (S) No. 4028 of 2001 has challenged the same on other ground. For determination of the question raised by some of the petitioners, it is necessary to take into consideration the relevant facts, as emerged from Notification dated 21st May, 1997 issued by the State. The State Medical Service was commonly known as Bihar Health Service. The teaching posts were available with Medical Colleges which were ex -cadre posts and had no separate cadre. The eligible members of the Bihar Health Service used to be appointed by transfer to the basic tenure and nontenure posts, out of which the higher posts like Assistant Professor; Associate Professor; Professor etc. used to be filled up. The posts like Resident Doctors i.e. Resident Medical Officer (R.M.O.); Resident Surgical Officer (R.S.O.) and the Registrars were junior most three years tenure teaching posts. The next higher posts were of Assistant Professor; Associate Professor and Professor etc., which were now tenure posts.
(3.) THE Governor of Bihar taking into consideration the relevant facts and in public interest, framed rules under proviso to Article 309 of Constitution, published vide Notification No. 162(17) dated 21t May, 1997 and created a teaching cadre, commonly known as "Bihar Medical Education Service Cadre and Appointments to its Cadre Post Rule, 1997".;